Terms of Service

1. Description of Services

Digital Architex is an AI-assisted web design and development studio. We build, host, and manage custom websites for small businesses and professionals through our proprietary DARX platform. Our Services include:

• Custom website design and development based on your brief and selected plan
• Hosting and infrastructure management (Vercel, Google Cloud, GitHub)
• The DARX client portal — a dashboard for managing your site, content, billing, and account
• A CMS editor for updating website content without code
• Backend integrations with third-party services (subject to plan limits)
• Optional add-ons, including custom domain management, additional integrations, and future features
• AI-assisted design, copywriting, and configuration features powered by the DARX reasoning system

2. Service Plans and Entitlements

We offer multiple service tiers. Specific pricing is displayed at digitalarchitex.com/plans and in your subscription agreement.

Lite Plan

• Custom website built on the DARX standard framework
• Up to 2 backend integrations included in the initial build; maximum of 5 total (additional integrations available as a paid add-on)
• DARX client portal access with CMS editor
• Shared infrastructure hosting
• Custom domain available as a paid add-on ($5/month)
• Email support

Standard Plan

• Custom website with advanced design and functionality
• Up to 5 backend integrations included; maximum of 10 total
• Full DARX portal access including advanced analytics
• Priority hosting infrastructure
• Custom domain available as a paid add-on ($5/month)
• Priority email and chat support

Pro Plan

• Premium custom website with full feature set
• Unlimited backend integrations (subject to reasonable use)
• All DARX portal features including advanced AI tools
• Dedicated infrastructure
• Custom domain included
• Dedicated account support

We reserve the right to modify plan features with 30 days' notice. Existing clients will not have features removed without notice and an opportunity to transition.

3. Billing, Subscriptions, and Add-ons

a. Subscription billing

Our plans are sold as monthly recurring subscriptions, billed in advance. All payments are processed by Stripe. By providing payment information, you authorize us to charge your payment method on a recurring monthly basis.

b. Add-ons

Add-on features (such as custom domain management and additional integration builds) are available for purchase in the client portal. Recurring add-ons are billed monthly as additional line items on your subscription. One-time add-ons (such as individual integration builds) are billed at the time of purchase or added to your next monthly invoice.

c. Setup and build fees

Certain plans may include a one-time setup or build fee charged at the time of initial subscription, separate from the recurring monthly fee. This covers the cost of designing and building your initial website. The build fee is disclosed before checkout.

d. Pricing changes

We reserve the right to change pricing at any time. We will provide at least 30 days' written notice of any price increase affecting your active subscription. Your continued subscription after the notice period constitutes acceptance of the new pricing.

e. Refund policy

Subscription fees are non-refundable except as required by law. If you cancel mid-cycle, your subscription remains active through the end of the billing period; no partial refunds are issued. Setup and build fees are non-refundable once work has commenced.

If you believe you have been charged in error, contact us at contact@digitalarchitex.com within 30 days of the charge.

4. Website Build and Delivery

a. Build timeline

Upon receipt of your completed onboarding information and approved brief, we will begin work on your website. Estimated delivery timelines are communicated at the start of each project and depend on plan, scope, and the timely provision of required content from you.

b. Client responsibilities for delivery

Timely delivery depends on you providing required materials (brand assets, copy, photography, credentials) promptly. Delays caused by late content delivery do not entitle you to service credits or extend free periods.

c. Revisions and change requests

Our plans include a reasonable number of revision rounds during the initial build phase. Revisions are scoped to the original brief. Requests that materially expand the scope of the original project may be quoted separately as add-ons.

d. Backend integrations

Backend integrations connect your website to third-party services (e.g., booking systems, CRMs, payment processors). The number of integrations included is determined by your plan. Integration availability depends on the third-party service's API support. We make reasonable efforts to build and maintain integrations but cannot guarantee compatibility with all services or continued support if a third-party API is deprecated.

5. Intellectual Property and Content Ownership

a. Your content

You retain all ownership rights to the content you provide to us — including text, images, logos, branding, and business data. You grant us a limited license to use your content solely to perform the Services.

b. Your website

The website we build for you — including its design, copy, structure, and code specific to your implementation — is your property. Upon cancellation, we will provide access to your GitHub repository so you can take ownership of the code.

c. DARX platform and underlying technology

Digital Architex retains all rights to the DARX platform, including its underlying framework, infrastructure automation, CMS engine, AI tooling, design system components, and all proprietary systems used to build and manage your site. These are not transferred to you. You receive a license to use the platform through our portal as a subscriber — see our End User License Agreement.

d. AI-generated content

Content generated by AI tools on your behalf (copy suggestions, design configurations, etc.) is assigned to you. We do not retain or claim any rights to AI-generated output produced specifically for your project.

6. Hosting and Infrastructure

As part of the Services, we provision and manage hosting infrastructure on your behalf, including Vercel deployments, Google Cloud resources, and GitHub repositories. While we own or control the provisioned accounts and configurations, the code and content hosted belongs to you.

We target high availability for hosted websites but do not guarantee 100% uptime. Planned maintenance, third-party platform outages (Vercel, Google Cloud), and unforeseen incidents may cause temporary unavailability. We will communicate planned maintenance in advance where practicable.

Upon cancellation, infrastructure resources we provisioned on our accounts may be de-provisioned within 30 days. You are responsible for migrating to your own hosting accounts if you wish to continue self-hosting your site.

7. Custom Domain Management

If you purchase the custom domain add-on, you must own or control the domain you wish to connect. We will configure DNS and Vercel routing on your behalf. You remain the registrant and owner of your domain; we are not your domain registrar.

If your subscription lapses or you cancel the custom domain add-on, we may remove our hosting configuration for your domain. Your domain registration is not affected.

8. Acceptable Use

You agree not to use our Services to:

• Publish or distribute illegal content, including content that infringes third-party intellectual property rights
• Engage in deceptive, fraudulent, or misleading practices toward end users of your website
• Distribute malware, spyware, or any harmful software
• Scrape, probe, or attack our infrastructure or that of our providers
• Resell, sublicense, or white-label our Services or platform without written authorization
• Use our platform in any way that violates applicable law or regulation

We reserve the right to suspend or terminate your account immediately for material violations of this section without refund.

9. Cancellation and Termination

a. Cancellation by you

You may cancel your subscription at any time through the client portal or by contacting us. Cancellation takes effect at the end of your current billing period. You retain access to the portal and your hosted site through the end of the period.

b. Termination by us

We may suspend or terminate your account for violations of these Terms, non-payment (with notice and a reasonable cure period), or if required by law. We will provide reasonable notice except where immediate action is necessary to protect our systems or other clients.

c. Data after termination

Following cancellation or termination, your GitHub repository remains accessible to you (if provisioned under your own account), or we will provide an export upon request for up to 30 days after cancellation. After that, we are not obligated to retain or provide your website data.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. AI-GENERATED CONTENT IS PROVIDED WITHOUT ANY WARRANTY AS TO ITS ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PARTICULAR USE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL ARCHITEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Digital Architex and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) content you provide or publish through your website; (c) your violation of these Terms; or (d) your violation of any third-party rights.

13. Third-Party Services

Our Services integrate with platforms including GitHub, Vercel, Google Cloud, Stripe, Memberstack, and others. Your use of these platforms is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service, even where we configure or manage that service on your behalf.

14. Modifications to the Services and Terms

We may modify these Terms at any time. Material changes will be communicated by email and reflected in an updated "Last Updated" date. Your continued use of the Services after the effective date of changes constitutes acceptance. If you disagree with changes, you may cancel your subscription before they take effect.

We may also modify, add, or remove features from the Services with reasonable notice. We will not remove core features from your active plan without notice and a migration path.

15. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Digital Architex is headquartered, without regard to conflict of law principles.

Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association. Nothing in this section limits either party's right to seek injunctive or other equitable relief in a court of competent jurisdiction.

16. Contact Information

For questions about these Terms, contact us: