Terms of Service

Effective October 14, 2026 · Version 2026-10-14

1. Introduction and Acceptance

1.1 These Terms of Service (the “Terms”) form a legally binding agreement between you and Belvista Digital Solutions LLC, a Missouri limited liability company (“Belvista,” “Company,” “we,” “us” or “our”). They govern your access to and use of the website at belvistadigital.com, its subdomains (including preview.belvistadigital.com and sites.belvistadigital.com), the Client Dashboard, our Free Previews, and every website, application, design, development, hosting, maintenance and related service we provide (together, the “Services”).

1.2 You accept these Terms by doing any of the following: submitting a form on our website; requesting, viewing or responding to a Free Preview; accepting a Quote or signing a Project Agreement; subscribing to a Care Plan; creating or signing in to a Dashboard account; or otherwise using the Services. When we ask you to confirm your agreement (for example, with a checkbox when you create an account), we keep a record of the version you accepted and when. If you do not agree, you must not use the Services.

1.3 Our Privacy Policy and any Project Agreement are incorporated into these Terms by reference (together with these Terms, the “Agreement”). If a Project Agreement conflicts with these Terms, the Project Agreement controls for the project it covers, but only to the extent of the conflict and only where it expressly refers to the provision of these Terms it changes. The Privacy Policy controls on the handling of personal information.

1.4 You agree that you had the opportunity to review the Agreement, that it is written in plain and understandable terms, and that you are not relying on any statement, promise or representation (including anything said in an email, call, proposal or Free Preview) that is not set out in the Agreement.

2. Definitions

In the Agreement, capitalized terms have these meanings:

• “Belvista Materials” means everything we owned, licensed or developed before or independently of your project, and every general-purpose tool, template, theme, component, code library, rendering engine, workflow, prompt, process, know-how and technique we use across clients, including improvements to any of them made while working with you.
• “Care Plan” means a recurring monthly service plan (such as Essential, Growth or Partner) described on our pricing page or in a Project Agreement.
• “Client,” “you” or “your” means the individual using the Services and, where that individual acts for a business or other organization, that organization as well.
• “Client Content” means all text, images, logos, trademarks, video, product information, data and other material that you, or anyone acting for you, provide to us or publish through the Services.
• “Client Dashboard” or “Dashboard” means the account area at belvistadigital.com/dashboard through which Clients edit, preview and publish their sites, upload files and send requests.
• “Deliverables” means the website, application, design files, code and other work product created specifically for you and delivered under a Project Agreement or Care Plan, excluding Belvista Materials and Third-Party Materials.
• “Free Preview” means a no-cost sample homepage or design concept we prepare to show what a new website for a business could look like.
• “Hosted Site” means any site or application we host or serve for you, including at sites.belvistadigital.com or on your own domain.
• “Project Agreement” means a written proposal, statement of work, order or agreement that you accept and that describes a specific project, its scope, price, schedule and payment terms. An accepted Quote that we confirm in writing is a Project Agreement.
• “Quote” means a written estimate of the scope and price of a project.
• “Third-Party Materials” means software, fonts, images, plugins, services and other material owned by someone other than you or Belvista, including open-source software.
• “Third-Party Services” means services provided by others that the Services rely on or connect to, such as hosting, domain registration, email, payment processing, sign-in providers, analytics and AI providers.

3. Eligibility and Authority

3.1 The Services are offered to businesses, organizations and individuals acting for a business purpose, and are not intended for personal, family or household use. You must be at least 18 years old and able to form a binding contract.

3.2 If you use the Services for a business or other organization, you represent and warrant that you are authorized to accept the Agreement on its behalf and to bind it, and that it will be responsible for your use of the Services and for everyone you give access to.

3.3 The Services are offered from and intended for use in the United States. If you access them from elsewhere, you do so on your own initiative and are responsible for complying with local law.

4. Accounts, the Dashboard and Security

4.1 Invitation only. Dashboard accounts are created by invitation. You may sign in with an email address and password or through a supported third-party sign-in provider (such as Google or X). When you sign in through a third party, its own terms and privacy practices also apply.

4.2 Your responsibilities. You must provide accurate information, keep your sign-in details, authenticator app and recovery codes confidential, and use two-step verification where it is offered. You are responsible for all activity under your account and under any account you invite or authorize, whether or not you approved it. You must notify us immediately at [email protected] if you suspect unauthorized access.

4.3 Authorized users. You may give access to your employees and contractors who need it for your business. You are responsible for their compliance with the Agreement and for removing access when it is no longer appropriate.

4.4 Our rights. We may require additional verification, reset credentials, end sessions, or suspend an account if we reasonably believe it has been compromised, is being misused, or puts the Services, other Clients or third parties at risk. We may refuse, suspend or close any account at our discretion where permitted by law.

5. Free Website Previews

5.1 No cost, no obligation. A Free Preview is provided free of charge and without obligation. Receiving, viewing or replying to a Free Preview does not create any obligation to buy anything and does not create a Project Agreement.

5.2 How previews are made. To prepare a Free Preview, we may use information you send us and information about your business that is publicly available, including the text, photographs, logos and other content on your current website and public business listings. We use that material solely to show you a concept of what a new website for your business could look like. If you provided the material or own it, you grant us a limited, non-exclusive, royalty-free license to use it for that purpose. If you are not the owner of material shown in a preview of your business and want it removed, email [email protected] and we will remove it promptly.

5.3 Concept only. A Free Preview is a sample, not a Deliverable. It may contain placeholder or AI-assisted text, may be incomplete or inaccurate, and is not reviewed for legal, regulatory or accessibility compliance. You must not rely on its content or publish it. Unless and until you enter into a Project Agreement, Belvista retains all rights in the design, layout, code and original text of a Free Preview, and no license to use them is granted.

5.4 Access. Free Previews are published at private, unlisted addresses that ask search engines not to index them, but anyone with the link can view them. We may remove a Free Preview at any time and will remove it on request.

5.5 Revisions and replies. We may revise a Free Preview in response to your feedback and may answer questions about it, at our discretion. Our replies may be prepared with the help of automated tools, as described in Section 12.

6. Quotes, Project Agreements, Fees and Payment

6.1 Quotes. Quotes are estimates based on the information available when they are prepared and are valid for 30 days unless they say otherwise. A Quote is not binding on either party until it is accepted and confirmed in writing as a Project Agreement. We may correct obvious errors in a Quote at any time before work begins.

6.2 Scope. We will perform the work described in the Project Agreement. Anything not expressly included is excluded. Requests to add to or change the scope (“Change Requests”) will be quoted separately and are not part of the project until both parties agree in writing. We may adjust schedules to account for approved Change Requests.

6.3 Deposit and balance. Unless the Project Agreement says otherwise, 50% of the project price is due as a deposit before work begins and the balance is due at launch, before the Deliverables are transferred or published to your domain. The deposit secures your place in our schedule and covers work that begins immediately; it is non-refundable once work has begun, except as required by law or as stated in Section 17.5.

6.4 Invoices and late payment. Invoices are due on receipt unless they state another date. Amounts not paid when due accrue interest at the lesser of 1.5% per month or the highest rate permitted by law, from the due date until paid. You will reimburse our reasonable costs of collecting overdue amounts, including attorneys’ fees. If any amount is more than 10 days overdue, we may, after notice to you, pause work, withhold Deliverables, or suspend the affected Services and Hosted Sites until it is paid in full.

6.5 Taxes. Prices do not include taxes. You are responsible for all sales, use, value-added and similar taxes on the Services, other than taxes on our income.

6.6 Your timely cooperation. Our schedules depend on you providing content, feedback, approvals and access when we ask. If a project is delayed because we are waiting on you, the schedule will move accordingly. If we do not receive a response needed to continue for 30 consecutive days, we may treat the project as paused; if the pause lasts 90 days, we may close the project, in which case fees for work performed through that date (and any non-refundable deposit) remain due, and restarting may require a new Quote.

6.7 Approvals. When you approve a design, content, a stage of work or a launch, you confirm that you have reviewed it and that it meets your requirements. Changes requested after approval may be treated as Change Requests.

6.8 Payment disputes. If you believe a charge is incorrect, you agree to contact us at [email protected] within 30 days of the charge and to give us a reasonable opportunity to resolve it before disputing it with your bank or card issuer. Unfounded chargebacks are a breach of the Agreement, and we may recover related fees and suspend Services while a dispute is pending.

7. Care Plans and Automatic Renewal

7.2 What is included. Each Care Plan includes the services described for that plan on our pricing page or in your Project Agreement at the time you subscribe. Feature additions, custom requests and other work are scoped and agreed with you before they begin. Unused time or services do not carry over to later months and have no cash value. We decide, acting reasonably, whether a request falls within your plan, and will tell you before starting any work that would be charged separately.

7.3 Fair use. Care Plans are intended for the ordinary upkeep of a single website or application unless your Project Agreement says otherwise. If your requests in a month go materially beyond ordinary use, we may schedule them over a longer period or quote them separately.

7.4 Cancellation. You may cancel a Care Plan at any time by emailing [email protected] or, where available, through the Dashboard. Cancellation takes effect at the end of the current billing period, and you will not be charged again. Fees already paid are not refunded for partial months except as required by law.

7.5 Price changes. We may change Care Plan prices or contents by giving you at least 30 days’ notice by email. The change applies from your first billing period after the notice period ends. If you do not agree to the change, you may cancel before it takes effect.

7.6 Failed payments. If a payment fails, we may retry it and may suspend Care Plan services until payment succeeds.

8. Client Responsibilities and Client Content

8.1 Your content. You are solely responsible for Client Content and for the accuracy of everything published on your site, including prices, hours, claims about your products and services, reviews, testimonials and offers. You will provide Client Content in a usable form and keep your own copies of it.

8.2 Your rights to it. You represent and warrant that you own or have all rights, licenses, consents and releases needed to provide Client Content to us and to have it used and published as you direct, including the consent of any person who appears in it, and that it does not infringe or violate any intellectual property, privacy, publicity or other right, or any law.

8.3 License to us. You grant Belvista and our subcontractors and service providers a non-exclusive, worldwide, royalty-free license to host, copy, store, adapt, format, display, publish and otherwise use Client Content as needed to provide the Services, and to make backups. This license ends when we stop providing the Services to you, except for copies kept in backups and records for the periods described in our Privacy Policy, and except as needed for Section 11.5.

8.4 Your legal obligations. You are responsible for your business’s compliance with the laws that apply to your site and business, including laws on privacy and data protection, consumer protection, advertising, accessibility, e-commerce, taxes, licensing and industry regulation, and for the policies and notices your site needs (such as your own privacy policy, terms of sale and cookie notices). Unless a Project Agreement expressly includes it, we do not provide legal advice or a compliance review and do not guarantee that any site meets any accessibility standard.

8.5 Regulated data. You will not use the Services to collect or store protected health information, payment card data, government identification numbers, or other sensitive or regulated data unless a Project Agreement expressly provides for it and, where the law requires, we have signed an appropriate agreement (such as a business associate agreement). We do not sign business associate agreements by default.

9. Publishing Through the Dashboard

9.1 The Dashboard lets you change your site and publish those changes yourself. When you or anyone using your account publishes a change, you are the publisher of that content, and you are responsible for it as if you had made the change directly.

9.2 Previews in the Dashboard are a guide and may not exactly match how a page looks on every device or browser. You should review your site after publishing.

9.3 The Dashboard keeps a history of published versions so that earlier versions can be restored, but version history is a convenience and not a backup service. We do not guarantee that any version or file will remain available.

9.4 We may limit file types, sizes and the number of uploads, may resize or compress images, and may remove content that violates Section 13.

10. Hosting, Domains and Third-Party Services

10.1 Hosting. Hosted Sites run on infrastructure operated by Third-Party Services. We will use reasonable efforts to keep Hosted Sites available, but we do not guarantee any particular uptime, speed or availability unless a Project Agreement includes a written service level. Maintenance, outages of our providers, attacks and other events outside our reasonable control may interrupt service.

10.2 Domains. Your domain name belongs to you. Where we register or manage a domain for you, we will register it in your name or transfer it to you on request once all amounts owed are paid. You are responsible for renewal fees and for keeping your registrar account and contact details current.

10.3 Third-Party Services. The Services depend on and may connect to Third-Party Services, which are governed by their own terms. We are not responsible for Third-Party Services, for changes they make, or for their availability, security or fees, and we do not control how they use information under their own policies. Fees charged by Third-Party Services are your responsibility unless a Project Agreement says otherwise.

10.4 Third-Party Materials. Deliverables may include Third-Party Materials, including open-source software, which are licensed to you under their own license terms. Those terms control for those materials.

11. Intellectual Property and Ownership

11.1 Ownership of Deliverables. Upon our receipt of payment in full for a project, we assign to you all of our right, title and interest in the Deliverables created specifically for you under that project. Your domain, your Client Content and your site belong to you. Until payment is received in full, we retain all rights in the Deliverables, and any use of them is under a limited, revocable license that ends if payment is not made.

11.2 Belvista Materials. We retain all rights, title and interest in the Belvista Materials. To the extent Belvista Materials are incorporated into Deliverables you have paid for in full, we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use, copy and modify them solely as part of those Deliverables for your business. You may not sell, sublicense or distribute Belvista Materials on their own, or use them to create a product or service that competes with ours.

11.3 Our platform. The website, the Dashboard, the software that generates and serves Free Previews and Hosted Sites, and all related technology, content and trademarks (including the Belvista name and logo) are owned by Belvista or its licensors and are protected by law. Except for the rights expressly granted in the Agreement, no rights are granted to you, by implication or otherwise.

11.4 Restrictions. You must not copy, modify, distribute, sell or lease any part of our platform, or reverse engineer, decompile or attempt to extract its source code, except where the law expressly permits it despite this restriction.

11.5 Portfolio. Unless you tell us otherwise in writing, we may display the work we create for you, your business name and your logo in our portfolio, marketing and case studies, and may include a small credit (such as “Website by Belvista”) in your site’s footer. We will remove the credit or a portfolio item on request within a reasonable time.

11.6 Feedback. If you give us suggestions or feedback about the Services, we may use them without restriction or compensation to you.

12. AI-Assisted Services

12.1 We use artificial intelligence tools provided by Third-Party Services to help us work, including to analyze requests, draft website copy and emails, plan Free Previews, summarize and answer messages, and prepare estimates. People at Belvista design these processes and remain responsible for the Services.

12.2 Content produced with AI assistance may contain errors or may resemble material created for others. You are responsible for reviewing all content before you approve or publish it. We do not warrant that AI-assisted content is accurate, complete, unique, or eligible for copyright protection.

12.3 Prices in our Quotes are set by our own pricing rules, and Quotes above a set amount are reviewed by a person before they are sent. No AI-generated statement is an offer, a promise or a binding commitment by Belvista unless it is confirmed in a Project Agreement.

12.4 We use AI providers under business terms that do not allow them to use the information we send to train their models. How information is handled is described in our Privacy Policy.

13. Acceptable Use

13.1 You must not use the Services, and must not use any Hosted Site, to:

• (a) violate any law or regulation, or encourage anyone else to do so;
• (b) infringe or misappropriate any intellectual property, privacy, publicity or other right of any person;
• (c) publish content that is defamatory, obscene, sexually explicit, harassing, hateful, threatening or violent, or that exploits or endangers minors;
• (d) sell, promote or facilitate illegal goods or services, or regulated goods or services without the required licenses and compliance;
• (e) deceive or defraud anyone, including through phishing, impersonation, fake reviews, misleading claims or pyramid schemes;
• (f) send spam or unsolicited messages, or collect personal information without the notice and consent the law requires;
• (g) upload or distribute malware or any code designed to disrupt, damage, gain unauthorized access to, or monitor systems or data;
• (h) probe, scan or test the vulnerability of the Services, bypass any security or rate-limiting measure, or access accounts, sites or data you are not authorized to access;
• (i) scrape, crawl or harvest data from the Services by automated means, other than through search engine indexing of public pages;
• (j) interfere with or place an unreasonable load on the Services or our providers’ infrastructure; or
• (k) use the Services to build or train a competing product or service.

13.2 We may investigate suspected violations and, without liability to you, remove or disable content, suspend a Hosted Site or account, or report activity to law enforcement. Where practical and lawful, we will tell you first and give you an opportunity to fix the problem, but we may act immediately where we believe there is a risk of harm, legal exposure or ongoing abuse.

14. Copyright Complaints

14.1 We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that material on a Hosted Site, a Free Preview or our website infringes your copyright, send a notice to [email protected] with the subject “DMCA Notice” that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material you claim is infringing and its location (such as the URL); (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner.

14.2 If material you provided is removed in response to a notice, you may send a counter-notice that meets the requirements of 17 U.S.C. § 512(g)(3). We may restore the material as the law allows. We will terminate, in appropriate circumstances, the accounts and Services of Clients who are repeat infringers.

15. Confidentiality

15.1 “Confidential Information” means non-public information that one party discloses to the other in connection with the Services and that is marked as confidential or that a reasonable person would understand to be confidential, including business plans, pricing, customer information, credentials, and unpublished Deliverables. It does not include information that is or becomes public through no fault of the receiving party, that the receiving party already knew or independently developed, or that it received lawfully from a third party without a duty of confidentiality.

15.2 Each party will use the other’s Confidential Information only to perform or receive the Services, will protect it with at least reasonable care, and will disclose it only to its personnel, contractors and service providers who need it for that purpose and are bound by confidentiality obligations at least as protective as these. A party may disclose Confidential Information when required by law or court order, after giving the other party prompt notice where lawful.

15.3 These obligations continue for three years after the Services end, and for trade secrets and credentials, for as long as they remain confidential.

16. Electronic Communications

16.1 You consent to receive communications from us electronically, including by email and through the Dashboard, and agree that all agreements, notices, invoices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You agree that your electronic acceptance (such as replying “let’s do it” to a Quote that says acceptance may be given that way, clicking a button or checking a box) is a valid signature.

16.2 We will send you service messages about your account, projects, security and billing; you cannot opt out of these while you use the Services. We may also send business communications about our services; you can opt out of those at any time by replying or using the unsubscribe link, as described in our Privacy Policy.

17. Term, Suspension and Termination

17.1 The Agreement begins when you first accept it or use the Services and continues until all Project Agreements and Care Plans have ended and your account is closed.

17.2 Either party may terminate a Project Agreement or Care Plan for convenience on written notice, as provided in Section 7.4 for Care Plans, or in the Project Agreement. Either party may terminate the Agreement immediately on written notice if the other party materially breaches it and fails to cure the breach within 15 days after notice, or immediately if the breach cannot be cured.

17.3 We may suspend or terminate any or all Services immediately if you breach Section 13, if required by law or a Third-Party Service, if your account or a Hosted Site presents a security or legal risk, or as provided in Section 6.4.

17.4 Effect of termination. On termination: (a) all amounts owed for work performed and expenses incurred through the termination date become immediately due; (b) licenses granted to you for Deliverables or Belvista Materials that have not been paid for in full end; (c) we may take down Hosted Sites 30 days after termination; and (d) if you have paid all amounts owed and ask within those 30 days, we will provide an export of your site’s files and Client Content in the format we use. After that period we may delete Client Content as described in our Privacy Policy.

17.5 If you terminate a project for convenience, you will pay for all work performed through the termination date at the rates in the Project Agreement (or a pro-rata share of the project price based on work completed), and we will refund any part of your deposit that exceeds that amount. If we terminate a project for convenience (and not because of your breach), we will refund amounts paid for work not yet performed.

17.6 Sections 2, 6 (for amounts owed), 8.2, 8.4, 11, 12.2, 15, 17.4 through 17.6, and 18 through 23 survive termination, along with any other provision that by its nature should survive.

18. Limited Warranty and Disclaimers

18.1 Limited warranty. We warrant that we will perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards. For 30 days after a project launches, we will correct, at no charge, any material failure of the Deliverables to work as described in the Project Agreement that you report to us in writing during that period, provided the failure was not caused by changes made by you or a third party, by Client Content, or by a Third-Party Service. Correction, or if we cannot reasonably correct the failure, a refund of the fees paid for the non-conforming part of the Deliverables, is your sole and exclusive remedy for breach of this warranty.

19. Limitation of Liability and Indemnification

19.2 Basis of the bargain. The warranty disclaimers and limitations of liability in Sections 18 and 19 are an essential part of the Agreement, reflect a reasonable allocation of risk, and are reflected in our prices. Belvista would not provide the Services without them.

19.3 Indemnification. To the fullest extent permitted by law, you will defend, indemnify and hold harmless Belvista Digital Solutions LLC, its affiliates and their members, managers, officers, employees, contractors, agents, licensors and service providers from and against all claims, demands, actions, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Client Content; (b) your sites, products, services and business, including your dealings with your own customers and website visitors; (c) content published through your account; (d) your breach of the Agreement or of any representation or warranty in it; and (e) your violation of any law or of any right of a third party, including intellectual property, privacy and publicity rights. We may assume the exclusive defense and control of any matter for which you must indemnify us, in which case you will cooperate fully, and you may not settle any such matter without our prior written consent.

19.4 Release. To the fullest extent permitted by law, you release Belvista and its members, managers, officers, employees and agents from all claims arising out of any dispute between you and a third party, including your customers, website visitors and Third-Party Services. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other jurisdiction.

20. Dispute Resolution; Binding Arbitration; Class Action Waiver

20.1 Informal resolution. Before starting arbitration or any other proceeding, you and Belvista agree to try to resolve any dispute informally. The party raising the dispute must send a written notice to the other (to us at [email protected]; to you at the email address we have on file) describing the dispute, the relief sought, and the sender’s name, business name, email and telephone number. Within 60 days after the notice is received, either party may request an individual settlement conference by telephone or video, which you and an authorized representative of Belvista will attend personally (your lawyer may also attend). If the dispute is not resolved within those 60 days, either party may begin arbitration. Completing this process is a condition of starting arbitration, and any limitation period is suspended while it is under way.

20.2 Agreement to arbitrate. Except as provided in Section 20.3, you and Belvista agree that any dispute, claim or controversy arising out of or relating to the Agreement, the Services, any Project Agreement, Quote, Care Plan, Free Preview or our relationship (including the validity, scope or enforceability of this arbitration agreement, which the arbitrator will decide, except as stated in Sections 20.7 and 20.9) will be resolved exclusively by final and binding individual arbitration. This includes claims against Belvista’s affiliates, members, managers, officers, employees and agents, who are intended third-party beneficiaries of this Section, and claims that arose before you accepted these Terms. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 and following.

20.3 Exceptions. Either party may (a) bring an individual claim in a small claims court of competent jurisdiction, so long as it remains there and is not brought as a class action; (b) bring a claim in court to collect undisputed amounts owed; and (c) seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property or Confidential Information, or misuse of the Services. Claims that by law cannot be required to be arbitrated are not covered.

20.4 Rules and administration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, if the AAA determines that its Consumer Arbitration Rules apply, those rules), as modified by this Section. A single arbitrator will decide the dispute. Unless the parties agree otherwise, any hearing will be held by video conference or in St. Louis County, Missouri, and claims of $25,000 or less may be decided on written submissions. Payment of filing, administration and arbitrator fees will be governed by the AAA rules.

20.5 Arbitrator’s authority. The arbitrator may award the same individual relief a court could award, including attorneys’ fees where allowed by law or the Agreement, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

20.7 Mass filings. If 25 or more demands for arbitration raising substantially similar claims are brought by or with the help of the same or coordinated counsel, the demands will be administered in batches of no more than 25, with one batch proceeding at a time. The parties will first select and arbitrate a small number of bellwether cases, after which they will take part in a global mediation in good faith before the remaining batches proceed. Any statute of limitations is tolled for claims awaiting their batch. A court may enforce this Section and may enjoin the filing or prosecution of demands that do not comply with it.

20.8 Right to opt out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your full name, business name and email address. Opting out does not affect any other part of the Agreement, and disputes will then be resolved as described in Section 21.

20.9 Severability. If the class action waiver in Section 20.6 is found unenforceable for a particular claim or request for relief, that claim or request (and only that claim or request) will be severed and decided by a court under Section 21 after all individual arbitrable claims are resolved. If any other part of this Section 20 is found unenforceable, the rest of it remains in effect.

20.10 Time limit. To the extent permitted by law, any claim must be brought within one year after the claim arises or, where the law provides that a claim arises only when it is discovered, within one year after it is discovered; otherwise it is permanently barred. This Section does not apply to claims for amounts owed to Belvista or to any claim for which the law does not allow the limitation period to be shortened by agreement.

20.11 Changes to this Section. If we make a material change to this Section 20, we will give you at least 30 days’ notice, and the change will not apply to any dispute of which we had written notice before the change took effect. You may reject the change by emailing [email protected] within those 30 days, in which case the previous version of this Section continues to apply to you.

20.12 Survival. This Section 20 survives the termination of the Agreement.

21. Governing Law and Venue

The Agreement is governed by the laws of the State of Missouri and applicable federal law of the United States, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 20. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in St. Louis County, Missouri, and you and Belvista consent to the personal jurisdiction of those courts and waive any objection to venue there. In any action to enforce the Agreement or to collect amounts owed, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

22. Changes to These Terms

We may modify these Terms from time to time. If a change is material, we will notify you by email or through the Dashboard at least 30 days before it takes effect, except where a change is required sooner by law or for security reasons. We may require you to accept the updated Terms to continue using the Dashboard. Continuing to use the Services after changes take effect constitutes acceptance. Changes do not apply retroactively, and a signed Project Agreement is not changed by later versions of these Terms for the project it covers unless both parties agree.

23. General Provisions

• Entire agreement. The Agreement is the entire agreement between you and Belvista about its subject matter and supersedes all prior proposals, agreements and understandings, written or oral. Terms in your purchase orders or other documents do not apply, even if we accept or sign them.
• Independent contractors. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency, franchise or employment relationship.
• Subcontractors. We may use employees, contractors and service providers to perform the Services and remain responsible for their performance under the Agreement.
• Assignment. You may not assign or transfer the Agreement without our prior written consent. We may assign it to an affiliate or to a successor in a merger, acquisition, reorganization or sale of all or part of our business or assets.
• Force majeure. Neither party is liable for a delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, utility or internet failures, cyberattacks, and failures of Third-Party Services.
• Notices. We may give notices to you by email to the address we have on file or through the Dashboard. You must give legal notices to us by email to [email protected]. Notices are effective when sent, unless the sender receives notice of non-delivery.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full effect.
• No waiver. A failure or delay in enforcing any provision is not a waiver of it.
• No third-party beneficiaries. Except as stated in Sections 19 and 20, the Agreement does not give any rights to anyone other than you and Belvista.
• Export and sanctions. You will not use the Services in violation of U.S. export control or sanctions laws.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” The Agreement will not be construed against either party because that party drafted it.

24. Contact

Belvista Digital Solutions LLC
St. Louis, Missouri

Legal notices and DMCA notices: [email protected]
Questions about your account, a project or billing: [email protected]
Privacy requests: [email protected]