Terms & Conditions

These Terms & Conditions (the “Terms”) apply to all services provided by Frumosity (“Frumosity”, “the Company”, “we”, “us”, or “our”), including website hosting and any related development, maintenance, or support services.

By using our services, you agree to be bound by these Terms.

Governing Terms

These Terms constitute the entire agreement between you and Frumosity with respect to your use of our services and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written. These Terms apply to all services provided by Frumosity unless alternative terms have been expressly set forth in a separate written agreement signed by both parties.

Definitions

“Frumosity” refers to the sole proprietorship operating under the DBA (doing business as) name “Frumosity” and is the provider of the services described herein.

Consultations & Client Selection

Initial consultations with Frumosity are offered for the purpose of evaluating mutual fit and project viability. These consultations do not constitute a commitment or obligation to enter into a business relationship.

Frumosity reserves the right to determine, at its sole discretion, whether to engage with a prospective client. This determination may be based on, but is not limited to, the following factors:

1. Whether Frumosity’s services and areas of expertise align with the prospective client’s specific needs;
2. Frumosity’s current capacity, workload, and available resources to fulfill the client’s requirements effectively;
3. Alignment between the prospective client’s intended use of services and Frumosity’s business goals, mission, and values;
4. The technical feasibility, clarity, and scope of the proposed project; and
5. The prospective client’s willingness to adhere to Frumosity’s terms, processes, and communication standards.

Frumosity makes all client selection decisions in a fair and non-discriminatory manner. Under no circumstances will a decision to decline work be based on a prospective client’s race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, veteran status, or any other characteristic protected under applicable law.

Acceptable Use Policy

You agree not to use your website or services provided by Frumosity for any unlawful activities, including distributing malware, phishing schemes, hosting defamatory or obscene content, or violating any applicable laws including but not limited to copyright laws. Additionally, you agree not to host pornographic content of any kind. Frumosity may suspend or remove content immediately upon any breach of the Acceptable Use Policy, up to and including immediate termination of services.

Non-Endorsement of Client Content

Frumosity’s provision of hosting services or development assistance does not constitute an endorsement, approval, or recommendation of any content, products, services, opinions, or materials posted, displayed, or transmitted by clients through our hosting platform. The views, statements, and content expressed by clients are solely those of the respective client and do not reflect the views, opinions, or positions of Frumosity. While we reserve the right to review content for compliance with our Acceptable Use Policy, we do not routinely monitor client content and make no representations regarding its accuracy, completeness, or legality. Our hosting services are provided on a neutral, technical basis regardless of content subject matter, subject to our Acceptable Use Policy. Clients remain fully responsible for all content they host through our services.

Indemnification

You agree to indemnify, defend, and hold harmless Frumosity from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Any content, data, or materials you provide or upload to your website;
• Your use of the services in violation of these Terms or any applicable laws;
• Any allegation that your website or its content infringes upon the intellectual property rights or other rights of a third party.

This indemnification obligation will survive the termination of our business relationship.

Data Ownership

Upon completion of your website and receipt of full payment, ownership of the website and all related data transfers entirely to you. You have the right to request a complete copy of your data or request its deletion at any time by submitting a written request.

You grant Frumosity a worldwide, royalty‑free license to host, display, and edit the content solely for performing any agreed upon services.

If your payment becomes delinquent, Frumosity will provide access to a complete copy of your data as it existed when your account was last in good standing, unless you have previously requested deletion.

In the event of delinquent payment or termination of services by either party, your data will be retained for one year from the date your account became delinquent or the termination date, respectively. It is your responsibility to request a copy of your data within this one-year retention period. You may request immediate deletion of your data at any point during this period.

Warranties & Disclaimer

• Except as expressly stated in these Terms, Frumosity provides services and any related deliverables “as‑is” and “as‑available,” without any express warranties of any kind.
• To the fullest extent permitted by applicable law, Frumosity expressly disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement.
• While Frumosity takes commercially reasonable steps to secure and maintain the hosting environment, we do not warrant that the Services will be uninterrupted, error‑free, or completely secure.
• Any third‑party content, software, or services integrated into your website are provided “as‑is” and are subject solely to the warranties (if any) offered by their respective providers. Frumosity makes no independent warranties regarding such third‑party components.
• You acknowledge that the overall performance and security of the website also depend on your own actions, including the strength of passwords you choose and any code or content you upload.

Termination of Services

Termination by You:

You may terminate our business relationship at any time, either immediately or on a future specified date. Payment is required up to the effective termination date, and no refunds will be issued for immediate termination.

Termination by Frumosity:

Frumosity reserves the right to terminate our business relationship at any time for reasonable business purposes, including breach of these Terms. Such termination decisions will be made in a non-discriminatory manner and will not be based on a customer’s race, color, religion, national origin, sex, age, disability, or other legally protected characteristics. Whenever practical, we will provide advance notice to give you sufficient time to secure an alternative provider. However, we retain the right to terminate immediately if deemed necessary for security, compliance, or other legitimate business reasons.

Upon termination, your website will be taken offline, and your data will be managed in accordance with the Data Ownership section above.

Refunds

Refunds may be provided at Frumosity’s discretion on a case-by-case basis. Requests for refunds must be submitted in writing via email or postal mail. Submission of a refund request does not guarantee that a refund will be granted, or granted in the amount requested.

Data Security

Frumosity will take reasonable steps to protect your website and associated data from technical failures and unauthorized access. While we implement industry-standard best practices—such as SSL encryption, strong login security measures, and encrypted backups—we cannot guarantee absolute security due to the inherent risks of internet-connected services. Therefore, no warranty is provided regarding technical or security failures.

When granting you access to edit your website, you and any other party to whom you grant access are responsible for choosing secure passwords and maintaining the confidentiality of your login credentials.

Feel free to reach out to us at any time if you have questions or concerns about your website’s security.

Maintenance

Frumosity will manage all necessary maintenance of your website and its server infrastructure, including regular software updates, operating system patches, and security enhancements. Most maintenance tasks will not result in downtime; however, brief downtime may occasionally be required. We will schedule any necessary downtime during non-peak hours to minimize disruption.

As an additional safety measure, server backups are performed prior to significant maintenance tasks to ensure swift recovery in case of unexpected issues.

Fees and Billing

Fees for services provided by Frumosity are determined on a client-by-client basis and will be outlined in a separate written agreement, proposal, invoice, or quote issued prior to the commencement of work. Unless otherwise agreed in writing, all projects are billed according to the pricing and payment terms set forth in the applicable agreement.

You agree to pay all fees as specified, and understand that services may be suspended or terminated for failure to make timely payments. Additional charges may apply for out-of-scope work, expedited timelines, or revisions beyond what is included in the original agreement.

Payment and Delinquency

If your account becomes delinquent, it will be considered terminated and managed in accordance with the Termination of Services terms outlined above.

Payment for services must be received by the agreed-upon date. Your account will be considered “delinquent” when your payment exceeds 15 days past due.

Frumosity will make a reasonable effort to contact you and resolve the payment issue within the grace period, and ask that you actively do the same so that we can continue working together.

Limitation of Liability

Frumosity’s liability arising from any claim related to these services or terms is strictly limited to the amount paid by you for the service within the preceding 12 months. Frumosity is not liable for any indirect, incidental, special, consequential, or punitive damages.

Force Majeure

Frumosity shall not be held responsible for delays or failures in service delivery caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, wars, governmental actions, power outages, or technical disruptions by third-party providers.

Dispute Resolution

Both parties agree to first attempt resolution of any disputes through good faith discussions. If a dispute cannot be settled through direct discussions, the parties agree to endeavor to resolve the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. All costs and fees of the mediation shall be borne by the party initiating the mediation. If mediation does not resolve the dispute, then either party may pursue litigation exclusively in the courts located within Boone County, Commonwealth of Kentucky, United States.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

Amendments

Frumosity reserves the right to update these terms at any time. Any material changes will be communicated in writing via email or through a notification posted on our website. Continued use of services after notification indicates your acceptance of the revised terms.