These Terms of Service (“Terms”) are a binding agreement between you and This Meeting Matters, LLC, an Indiana limited liability company doing business as Colin Makes Software (“Colin Makes Software,” “we,” “us” or “our”). They govern our design, build, hosting and editing services, our website at colinmakessoftware.com, our client dashboard at app.colinmakessoftware.com, and the tools that let you edit your website through AI assistants such as Claude (together, the “Services”).
Please read these Terms carefully. By signing up, accepting a proposal or Order Form, or using the Services, you agree to these Terms and to our Privacy Policy. If you're agreeing on behalf of a business, you confirm you're authorized to bind it, and “you” means that business. If you don't agree, don't use the Services.
Your Order Form comes first
Every client's project is a little different, so the specifics of yours are set out in a proposal, quote, order form or similar document we both agree to (an “Order Form”). An Order Form may set your fees, payment schedule, term, scope of work, support, service credits, liability cap, or permissions that differ from the defaults in these Terms, such as permission to collect certain sensitive information.
If an Order Form conflicts with these Terms, the Order Form controls for that client and that project. Everything an Order Form doesn't address is governed by these Terms. Agreement by email counts, as long as it's clear that we both agreed.
Who can use the Services
You must be at least 18 years old and able to enter into a binding contract. Our clients are mostly businesses, but individuals are welcome too. Either way, you're responsible for making sure your website and how you use the Services comply with the laws that apply to you and your visitors.
Your account and your team
You'll need an account to use the dashboard and to edit your site. Keep your information accurate and your sign-in credentials secure. You're responsible for everything that happens under your account, including the actions of team members you invite and of apps you connect, such as AI assistants. Tell us right away at hello@colinmakessoftware.com if you suspect someone has used your account without permission.
What we provide
Implementation
We design and build your website, the “Implementation.” Its scope, deliverables, number of revision rounds and timeline are described in your Order Form or our proposal. To keep things moving, you agree to:
- give us the content, materials, access and feedback we ask for, in a reasonable time;
- review drafts and previews promptly; and
- tell us about anything your website must legally include or avoid in your industry or location.
Delays caused by missing materials or feedback may push back the timeline. Work outside the agreed scope is billed as described in your Order Form or as we agree in writing.
Hosting and editing
Once your site launches, we host it, keep it running, and give you tools to change it, the “Hosting.” You can edit your site by connecting a compatible AI assistant, such as Claude, and through any other tools we provide. Edits go into a draft that you can preview, and nothing changes on your live site until it's published.
We may improve, change or retire features over time. We won't make a change that materially reduces the core functionality of your Hosting during a period you've already paid for.
Availability and support
We work to keep the Services fast, secure and available, but we don't guarantee any specific uptime unless your Order Form says so. We may need to perform maintenance, and the Services depend on third-party infrastructure outside our control. Where an Order Form provides service credits for downtime, those credits are your sole and exclusive remedy for any failure to meet that commitment. Support is provided by email at hello@colinmakessoftware.com during normal business hours, or as described in your Order Form.
Fees and payment
What you pay
Depending on your Order Form, you'll pay in one of two ways:
- Implementation fee plus Hosting: a one-time Implementation fee, invoiced as set out in your Order Form, plus a recurring Hosting fee once your site launches; or
- Bundled plan: a single, higher recurring fee that covers both Hosting and the cost of your Implementation, spread over time.
Billing
Recurring fees are billed in advance for each billing period, monthly unless your Order Form says otherwise. Invoices are due on the date stated on them, or within 15 days if none is stated. If you pay by card or automatic payment, you authorize us and Stripe, our payment processor, to charge your payment method for each recurring fee until your Services end.
If a payment is more than 15 days late, we may suspend your Hosting after giving you notice and at least 7 days to pay. Suspension takes your site offline but doesn't delete it; we'll restore it once you've paid.
Refunds
Fees are non-refundable, including Implementation fees once work has begun and Hosting fees for any period that has started, except where the law requires otherwise or these Terms expressly say so. If you think we've billed you in error, contact us and we'll look into it in good faith.
Price changes
We may change our Hosting fees with at least 30 days' notice by email. The new price applies from your next billing period after the notice period. If you don't want to continue at the new price, you can cancel before it takes effect.
Taxes
Fees don't include taxes. You're responsible for any sales, use, value-added or similar taxes on the Services, other than taxes on our income.
Term, cancellation and early buyout
Hosting continues month to month unless your Order Form sets a different term. You can cancel at any time by emailing us. Cancellation takes effect at the end of your current billing period, and you won't be billed again.
Bundled plans include an early buyout. Because a bundled plan spreads the cost of your Implementation over time, if you cancel a bundled plan (or we end it because of your breach) before the Implementation has been paid off, you agree to pay the unpaid balance of the Implementation cost, the “Early Buyout Fee.” Your Order Form states the Implementation cost and how much of each payment counts toward it. If it doesn't, the Early Buyout Fee is the Implementation cost stated in your Order Form, less the portion of your bundled payments already applied to it. The Early Buyout Fee is due within 15 days after your cancellation takes effect.
Who owns what
Your content
You own your content: the text, images, videos, logos, trademarks and other materials you or your team provide or create in the Services, and the form submissions your visitors send (“Your Content”). You give us a non-exclusive, worldwide, royalty-free license to host, copy, process, adapt and display Your Content only to provide the Services to you and as described in our Privacy Policy. That license ends when Your Content is deleted from the Services, except for copies in routine backups until they expire.
You confirm that you have the rights needed to give us Your Content, and that using it as these Terms describe won't infringe anyone's rights or break any law.
Your custom design
The visual design we create specifically for your website, such as its layout, color choices and the look of its pages and mockups (your “Custom Design”), becomes yours once you've paid all Implementation fees in full, including any Early Buyout Fee. Until then, we own it and license it to you for use with the Services. Once it's yours, you can take it elsewhere and have it rebuilt on another platform.
Your Custom Design doesn't include fonts, stock images, icons or other third-party materials, which remain subject to their own licenses. It also doesn't include our underlying code or platform, described below.
Our platform and code
We own the Services and everything we use to deliver them, including our software, source code, components, section designs we reuse across clients, tools, templates, documentation and know-how, and everything we develop that isn't Your Content or your Custom Design. This includes the code that renders your website, which runs on our shared platform and isn't delivered to you. While you're a client, we give you a limited, non-exclusive, non-transferable right to use the Services for your website. We reserve all rights not expressly granted.
Portfolio
Unless you tell us otherwise, we may show your website's name, logo and screenshots in our portfolio and marketing as an example of our work. You can ask us to stop at any time by emailing hello@colinmakessoftware.com.
Feedback
If you send us ideas or suggestions about the Services, we may use them without any obligation to you.
Your domain
Your domain name is yours. You register it, own it and keep control of it with your own registrar. To connect it to your website, you'll point its DNS records to us as we instruct. We issue and renew the security certificates (HTTPS) that serve your site through our infrastructure provider. We aren't responsible for problems caused by your registrar, by DNS changes outside our control, or by a domain that expires. If you leave, we'll help you point your domain elsewhere.
Your responsibilities for your website
Your website is your business's public voice, and you're responsible for it. That includes:
- What it says. You're responsible for reviewing and approving your site's content before it's published, including content we draft for you and content created with AI.
- Its legal compliance. You're responsible for the laws that apply to your website and business, such as consumer protection, advertising, licensing, accessibility and privacy laws. For example, you need a privacy policy that accurately describes how your site handles visitors' information, and appropriate consent for any analytics or cookies where the law requires it. We can provide a starting template and default settings, but they aren't legal advice, and you're responsible for confirming they fit your business.
- Third-party tools on your site. If you add, or ask us to add, third-party tools to your website, such as analytics, advertising pixels, chat widgets, booking tools or embeds, you're responsible for choosing them, for any consent they require, and for how they collect and use your visitors' information. We aren't responsible for those tools or their providers, and they aren't covered by our DPA.
- How you use visitors' information. Form submissions and analytics about your visitors are your data, collected on your behalf. You're responsible for having a lawful basis to collect them and for using them lawfully.
Sensitive information
Unless your Order Form expressly allows it, you agree not to use your website to collect:
- health or medical information, including “protected health information” under HIPAA (we don't sign business associate agreements by default);
- payment card numbers, bank account numbers, Social Security numbers, or driver's license, passport or other government identification numbers;
- information from children under 13 (or under 16 in the EU and UK), and your website must not be directed to children; or
- other sensitive information, such as precise geolocation, biometric or genetic data, criminal history, or information about racial or ethnic origin, religious beliefs, sexual orientation or immigration status.
If you need to collect any of these, talk to us first. We may be able to support it under an Order Form with the right safeguards.
Acceptable use
You agree not to use the Services, or let anyone else use them, to:
- publish anything illegal, fraudulent, deceptive or defamatory, or anything that infringes anyone's intellectual property, privacy or other rights;
- send spam, run phishing schemes, or distribute malware;
- harass, threaten or promote violence or hatred against any person or group;
- publish sexually explicit or pornographic material;
- operate, without our prior written agreement, in high-risk or heavily regulated businesses, including gambling, cannabis or other controlled substances, firearms or weapons sales, cryptocurrency or other investment solicitations, or multi-level marketing;
- access, or try to access, other clients' accounts or data, or interfere with or overload the Services or the infrastructure behind them;
- get around usage limits or security measures, or use the Services through automated means other than the editing tools we provide; or
- copy, reverse engineer, resell or sublicense the Services, except as the law expressly allows.
We also reserve the right to decline any project, or to refuse to host content that we reasonably believe harms our reputation or other clients, whether or not it's listed above. If we end your Services for this reason and you haven't breached these Terms, we'll refund any prepaid Hosting fees for the unused part of your billing period.
If we believe you've broken these rules, we may remove the content in question or suspend your site. Where it's practical and lawful, we'll tell you first and give you a chance to fix the problem.
Editing with AI assistants
Connecting an AI assistant
You can connect any compatible AI assistant to edit your website. We recommend Claude, but the choice is yours. When you do:
- Your AI assistant is a third-party service that you choose, under your own agreement with its provider. We aren't responsible for its availability, its privacy practices, or what it does.
- AI can make mistakes. Your assistant may misunderstand a request or produce inaccurate content. Changes go into a draft first, so review them in the preview before publishing. You're responsible for everything you publish, however it was created.
- Your connection is limited to your website. Each connection grants access to one organization's site, under the permissions of the person who connected it. Anyone with access to a connected account can make changes as that person, so keep it secure and disconnect assistants you no longer use.
- We keep a record of the requests your assistant sends us, as described in our Privacy Policy.
Our use of AI
We may use AI tools to help design and build your website and to work with the materials you give us. We use them only under commercial terms that don't allow the provider to train its models on your materials. Content created with AI help may not be eligible for copyright protection in some places, and we can't guarantee that it's unique.
Third-party services
The Services rely on third-party providers, such as hosting, analytics and payment providers, and may connect to services you choose, like your AI assistant, your domain registrar or your email. We aren't responsible for third-party services, and your use of them may be governed by their own terms.
Data Processing Terms
When we handle personal information about your website's visitors, such as form submissions and analytics, or personal information in your website's content, we do so on your behalf: you're the controller and we're your processor (or “service provider” under U.S. state laws). Our Data Processing Agreement (“DPA”) governs that processing and is part of these Terms. It covers our instructions from you, confidentiality, security, subprocessors, breach notification, help with your visitors' privacy requests, audits, deletion, and the Standard Contractual Clauses for international transfers.
Confidentiality
Each of us may share non-public business information with the other, such as plans, pricing, materials or account details, that's marked confidential or that a reasonable person would understand to be confidential. Each of us will use the other's confidential information only for our work together, protect it with reasonable care, and not disclose it except to people who need it for that work and are bound by similar obligations, or as the law requires. This doesn't apply to information that is or becomes public through no fault of the recipient, that the recipient already knew, or that it developed independently.
Ending your Services
Suspension and termination by us
We may suspend or end your Services if you seriously or repeatedly breach these Terms, if you don't pay as described in Billing, if the law requires it, or if your site poses a security risk to the Services or others. Where it's practical, we'll give you notice and a chance to fix the problem first. We may also stop offering the Services altogether with at least 60 days' notice, in which case we'll refund any prepaid fees for the unused period and you won't owe an Early Buyout Fee.
Getting your content out
When your Services end for any reason, we'll make your content available for export for 30 days, including your site's text, media files and your visitors' form submissions, in common, machine-readable formats. Fees you owe must be paid before we deliver your Custom Design. We'll also help you repoint your domain.
After those 30 days, we'll take your site offline (if it isn't already) and delete your content as our Privacy Policy describes.
What survives
The parts of these Terms that by their nature should continue after your Services end, including fees owed, ownership, confidentiality, the DPA (for as long as we hold personal information on your behalf), disclaimers, limitation of liability, indemnification and governing law, will continue.
Disclaimers
Except as expressly stated in these Terms or your Order Form, the Services are provided “as is” and “as available,” without warranties of any kind. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that the Services will be uninterrupted or error-free, that your website will achieve any particular results such as search rankings, traffic or sales, or that content created with AI will be accurate. Nothing we provide is legal advice. Some places don't allow these disclaimers, so some may not apply to you.
Limitation of liability
To the fullest extent the law allows:
- Neither of us will be liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business, goodwill or data, even if told they were possible.
- Our total liability for all claims relating to the Services or these Terms won't exceed the Hosting fees you paid us in the three (3) months before the event giving rise to the claim. Implementation fees, and the part of any bundled plan payment that goes toward Implementation, don't count toward this amount. Your Order Form may set a different limit.
These limits don't apply to your obligation to pay fees, to either party's breach of confidentiality, to your indemnification obligations, or to liability that can't be limited by law. They're a fundamental part of our pricing and of the bargain between us.
Indemnification
You agree to defend and indemnify This Meeting Matters, LLC and its owners, employees and contractors against third-party claims, and the resulting losses, damages and reasonable legal fees, that arise from Your Content, your website's compliance with the law, your use of your visitors' information, or your breach of these Terms. We'll tell you promptly about any such claim, let you control its defense, and cooperate reasonably at your expense. You won't settle a claim in a way that admits fault for us or binds us without our consent.
Governing law and disputes
These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Hamilton County, Indiana, and each of us consents to their jurisdiction. Before filing a claim, we each agree to try to resolve the dispute informally by email for at least 30 days. Either of us may seek urgent injunctive relief in any appropriate court.
If you're an individual who isn't acting for a business, nothing in these Terms takes away rights you have under the mandatory consumer protection laws of the place where you live.
Changes to these Terms
We may update these Terms from time to time. We'll post the new version here with a new “Last updated” date, and for material changes we'll email our clients at least 30 days before they take effect. A change doesn't alter an Order Form already in place unless you agree. If you don't accept a change, you can cancel before it takes effect without an Early Buyout Fee. Continuing to use the Services after a change takes effect means you accept it.
General
- Entire agreement. These Terms, your Order Forms and the documents they reference, including our Privacy Policy and DPA, are our entire agreement about the Services and replace any earlier understandings.
- Order of precedence. If documents conflict, this order applies: the DPA (for the personal information it covers), then your Order Form, then the rest of these Terms, then the Privacy Policy.
- Severability. If any part of these Terms is unenforceable, the rest stays in effect, and that part is limited only as far as necessary.
- No waiver. Not enforcing a provision isn't a waiver of our right to enforce it later.
- Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of our business, and we'll tell you if we do.
- Independent contractors. These Terms don't create a partnership, joint venture, employment or agency relationship.
- Force majeure. Neither of us is liable for delays caused by events beyond our reasonable control, other than delays in paying fees.
- Notices. We'll send notices to the email address on your account. Send notices to us at hello@colinmakessoftware.com.
- Language. These Terms are written in English. If we provide a translation, the English version controls.
Contact us
Questions about these Terms? Email hello@colinmakessoftware.com, or write to:
This Meeting Matters, LLC (d/b/a Colin Makes Software)
9783 E 116th St PMB 2448
Fishers, IN 46037
United States