1 Content

1.1 Ownership

You retain ownership over all content you upload to your Bag of Apples website, including but not limited to images, text, video, and audio (collectively, “Personal Content”).

1.2 Intellectual Property

You must either own, or have the legal right to use, display, and distribute any content you publish on your website. You agree not to infringe on the intellectual property rights of any third party.

1.3 Source Materials

You will supply Bag of Apples with all necessary source materials required to complete your website, including but not limited to images, video, and finalized copy. Bag of Apples will not edit, rewrite, or proofread your content. Please supply finalized materials whenever possible.

1.4 Prohibited Content

Bag of Apples reserves the right to remove content that is obscene, hateful, pornographic, or that depicts or promotes illegal activity, without prior notice.

1.5 Portfolio Showcase

Bag of Apples may feature your website in our portfolio or promotional materials, including social media posts and print materials. To opt out, email contact@bagofapples.com.

1.6 License

By using our Services, you grant Bag of Apples a perpetual, worldwide, royalty-free, non-exclusive license to host, display, reproduce, and modify your Personal Content solely as necessary to provide and improve the Services. We will not sell your Personal Content to third parties.

1.7 Website Ownership and Transfer

Websites created by Bag of Apples have a market value typically ranging from $2,000 to $20,000, regardless of any promotional pricing or discounts applied at purchase.

If you cancel your subscription while retaining the website, request a transfer to another hosting provider, or otherwise maintain the website without an active subscription, you agree to pay the full market value of the website less any amounts already paid. The market value will be determined by Bag of Apples based on the website’s complexity and scope. Promotional pricing and discounts do not reduce this obligation. In the event of a transfer to another hosting provider, you are additionally responsible for all associated transfer fees, including but not limited to domain transfer fees, hosting migration costs, and any third-party service charges incurred in connection with the transfer.

You agree not to copy, distribute, reverse engineer, decompile, or create derivative works of the Services or any website created by Bag of Apples without explicit written permission.

2 User Accounts

2.1 Registration

Subscribing to Bag of Apples Services may require creating a user account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

2.2 Account Deletion

Deletion of your account — whether by you, an agent acting on your behalf, or by Bag of Apples in accordance with these Terms — may result in the permanent loss of your content and data. You agree to hold Bag of Apples harmless from any claims arising from such deletion. If restoration is possible, additional fees may apply.

3 Privacy and Data Protection

3.1 Privacy Policy

Your use of our Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.

3.2 Data Security

We implement reasonable security measures to protect your data. However, no method of transmission or storage is completely secure. You acknowledge that you transmit information through our Services at your own risk.

3.3 GDPR

For users in the European Economic Area, we comply with applicable data protection laws. Please refer to our Privacy Policy for details regarding your rights under GDPR.

4 Third-Party Services

Our Services may rely on third-party providers including domain registrars, hosting companies, payment processors, and plugins (collectively, “Third-Party Services”). These services are subject to their own terms. Bag of Apples is not liable for the actions, failures, or omissions of any Third-Party Service. We reserve the right to remove or replace any Third-Party Service we deem unsafe or harmful, without prior notice.

5 Domains

5.1 Registrars

Bag of Apples works with third-party domain registrars to register domains on your behalf, subject to those registrars’ terms of service.

5.2 Complimentary Domains

Where a complimentary domain name is offered with a subscription plan, it will be registered by Bag of Apples and associated with your account while active. If you wish to transfer a domain to another registrar, you are responsible for all associated fees. Note that domains may only be transferred after a minimum of 90 days from registration.

6 Billing

6.1 Payment

Fees for our Services are stated in U.S. Dollars. You are responsible for all applicable taxes. Depending on the Services, 50%–100% of the total Fee is due before work begins; any remaining balance is due upon completion. Bag of Apples reserves the right not to begin work until the initial payment clears. All payments are non-refundable unless otherwise required by applicable law.

6.2 Payment Processing

Payments made through our website are processed by third-party payment processors, which may include Stripe, PayPal, or similar services. By submitting a payment, you agree to the applicable processor’s terms of service and privacy policy. Bag of Apples does not collect, store, or have access to your full payment card details. All payment data is handled directly by the processor in accordance with PCI-DSS standards. Bag of Apples is not liable for any errors, failures, or security incidents arising from the payment processor’s systems.

6.3 Recurring Billing Authorization

By subscribing to any Bag of Apples plan, you authorize Bag of Apples and any agents acting on our behalf to charge your payment method on a recurring basis according to your plan’s billing cycle, until you cancel. Cancellation takes effect at the end of the current billing period.

7 Deliverables

7.1 Completion

Bag of Apples warrants completion of Services in accordance with the agreed specifications. We will not charge more than the amount agreed upon unless you have requested changes to the scope after work has begun.

7.2 Time Frame

The estimated time frame for completion will be defined relative to the Service provided. If the project extends beyond the agreed time frame due to circumstances outside Bag of Apples’ control, or if additional work is requested beyond the agreed scope, you agree to pay for that additional work at the rate of $149/hour unless otherwise agreed in writing in advance.

7.3 Approval

Upon completion, you will be notified and given the opportunity to review the work. You must notify Bag of Apples in writing of any unsatisfactory points within 24 hours of notification (or within 12 hours if the total project duration is less than 4 days). Work not reported as unsatisfactory within this period will be deemed approved, the agreement deemed complete, and any remaining balance will become due.

7.4 Revisions

Work is subject to up to four (4) rounds of revision. Revision feedback must be submitted in writing within the following windows:

• Round 1: within 12 hours of presentation
• Round 2: within 12 hours of presentation
• Round 3: within 6 hours of presentation
• Round 4: if work still does not meet approval, Bag of Apples may continue at the hourly rate or terminate the agreement and pursue payment for completed work

7.5 Rejection

If you reject the Services within the review period, or refuse to approve subsequent revisions and Bag of Apples determines such rejection is unreasonable, the agreement will be deemed expired. Bag of Apples reserves the right to pursue payment for all completed work and reasonable recovery costs.

8 Entire Agreement

These Terms constitute the entire agreement between you and Bag of Apples and supersede any prior oral or written agreements. No other promises or conditions exist unless explicitly stated herein.

9 Independent Status

Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and Bag of Apples. You have no authority to bind Bag of Apples in any way.

10 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts in New York County, New York for any disputes arising from these Terms or the Services. You waive any objection to venue or jurisdiction in such courts.

11 Legal Fees

In the event of a dispute resulting in legal action, the prevailing party will be entitled to recover reasonable attorneys’ fees, costs, and disbursements.

12 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAG OF APPLES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM:

• Your use of, or inability to use, the Services
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Services
• Any other matter relating to the Services

IN ALL CASES, BAG OF APPLES’ AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO BAG OF APPLES IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13 Force Majeure

Bag of Apples shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, war, civil unrest, pandemics, natural disasters, governmental actions, or telecommunications failures.

14 Class Action Waiver

You and Bag of Apples agree to bring claims against each other only in an individual capacity and not as a plaintiff or class member in any class or representative action. No arbitrator or judge may consolidate claims or preside over a representative proceeding without both parties’ written consent.

15 Severability

If any provision of these Terms is found unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.

16 DMCA Notice and Takedown

If you believe content on our Services infringes your copyright, please send a written notice to contact@bagofapples.com that includes:

• Your electronic or physical signature
• Identification of the copyrighted work you claim is infringed
• Identification of the infringing material and its location on our Services
• Your contact information (address, phone, email)
• A statement that you have a good faith belief the use is not authorized by the copyright owner
• A statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner

17 Electronic Communications

By using our Services or contacting us electronically, you consent to receive communications from us electronically. You agree that electronic notices satisfy any legal requirement that communications be in writing.

18 Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. Bag of Apples may assign these Terms at any time without restriction or notification.