Terms of Service

These Terms of Service (“Terms”) form an agreement between you (“Client,” “you,” or “your”) and The Social Elephant, LLC, doing business as Built By Elephant (“Built By Elephant,” “we,” “us,” or “our”). By checking the agreement box and completing checkout, you confirm that you have read and agree to the version of these Terms identified at checkout.

If you accept on behalf of a business or organization, you represent that you are authorized to bind it to these Terms.

Fast Launch Websites use an approved Built By Elephant template selected by the Client. We personalize that template with the Client’s logo, supported brand colors and fonts, finished copy, images, business information, services, contact details, and social links within the template’s established structure.

Fast Launch does not include structural redesign, original page layouts, custom animations, new functionality, unapproved integrations, unlimited revisions, or work outside the selected template and package scope. Page counts, included review rounds, content limits, supported integrations, and other deliverables are limited to the package shown at checkout and any written additions approved by both parties.

Custom Websites are planned, designed, and developed from the ground up. Custom scope, build price, timeline, deliverables, payment schedule, and required Managed Website Care plan will be stated in a separate proposal or Statement of Work accepted by the Client.

If a proposal or Statement of Work conflicts with these Terms on a project-specific issue, that accepted document controls for that issue. These Terms continue to govern general service, payment, hosting, intellectual-property, and account matters unless the project agreement expressly states otherwise.

You agree to provide accurate information, timely feedback and approvals, finished copy, properly licensed images and media, branding, account access, credentials, and other materials reasonably required for the project. You are responsible for the accuracy, legality, permissions, and rights associated with all materials and instructions you provide.

If project materials include personal information about your customers, employees, members, donors, vendors, or other people, you represent that you have provided required notices and obtained the rights, permissions, or other lawful basis needed to provide that information to us and direct its use for the project.

You are responsible for business-specific legal compliance, privacy notices, accessibility obligations, disclosures, product and service claims, taxes, refunds, shipping, customer communications, and policies. Built By Elephant does not provide legal, tax, accounting, or regulatory advice.

Client delays may extend the schedule. If a project remains inactive because of Client delay for 30 days or more, we may reschedule it and may quote a reasonable restart fee before work resumes.

The one-time website setup fee shown at checkout is charged when checkout is completed. The applicable Managed Website Care charge is also collected according to the billing choice selected by the Client. Taxes and approved third-party costs may be added when applicable.

Fast Launch setup fees become non-refundable once strategy, configuration, personalization, development, or other project work begins. Completed work and Care payments already earned are non-refundable except where required by law. If we cancel a project without cause before providing paid work, we will refund the unearned portion of fees.

Every website hosted through our managed platform requires an active Managed Website Care plan. Standard Care includes managed hosting, SSL, routine backups, uptime monitoring, security and technical maintenance, software and dependency upkeep, the standard support queue, and an initial response target of within two business days.

Priority Care includes everything in Standard Care plus the priority support queue, an initial response target of within one business day, priority scheduling for separately billed website work, and enhanced monitoring. E-commerce, payment-processing, membership, or business-critical booking websites may require Priority Care.

Response targets describe when we aim to begin responding; they are not guaranteed resolution times. Service availability may be affected by maintenance, emergencies, internet failures, attacks, and third-party outages.

For Fast Launch projects, Managed Website Care is required at purchase and its twelve-month service term begins when checkout is completed and the initial Care charge is collected, even if the website has not yet launched. For Custom Websites, the required Care plan and its start date will be stated in the accepted proposal or Statement of Work.

“Annual — Paid Monthly” is a twelve-month agreement paid in monthly installments; it is not a cancel-anytime monthly subscription. “Annual — Paid Upfront” charges the displayed discounted annual amount at the beginning of the term.

Unless otherwise stated at checkout or in a written agreement, Care renews for successive twelve-month terms using the selected billing schedule until a timely cancellation request is confirmed. Before any renewal, we may provide notices or obtain additional consent when required by applicable law.

You authorize Built By Elephant and Stripe to charge the payment method provided at checkout for the setup fee, the first Care installment or annual Care payment, applicable taxes, and subsequent Care payments according to your selected schedule. You agree to keep billing information current.

If payment fails, we may retry the charge, contact you for updated payment information, suspend support or hosting, or take other reasonable collection steps. You remain responsible for amounts due under the current service term.

Cancellation requests must be emailed to hello@builtbyelephant.io with the business name and account email. A request is not complete until we confirm it in writing.

Ending Managed Website Care during a current twelve-month term does not eliminate the remaining unpaid balance for that term. For Annual — Paid Monthly, remaining installments continue to be due unless Built By Elephant agrees otherwise in writing or applicable law requires a different result. Annual payments already made are non-refundable except where required by law.

If Managed Website Care ends, remains unpaid, or is suspended for a material breach, managed hosting may end and the website may no longer be publicly available through our platform. We will provide notice when practical and when required.

We may retain an archived copy for up to 90 days after hosting ends. After that period, website files, databases, and backups may be permanently removed without further notice. Restoration is not guaranteed and may require a separately quoted restoration or rebuild fee.

Managed Website Care covers hosting and technical upkeep. It does not include text or image changes, design changes, new pages, new functionality, new integrations, product or service entry, copywriting, SEO campaigns, photography, video, drone work, or other work outside the delivered website scope.

Additional work is available upon request. We will review the request and provide a fixed price or hourly estimate for approval before billable work begins. No additional work is included merely because an active Care plan is in place.

After all setup fees, Care balances then due, third-party costs, and approved additional-work charges are paid, you receive the ownership or usage rights stated in the applicable package or Statement of Work for final deliverables created specifically for you.

Built By Elephant retains ownership of pre-existing materials, processes, templates, reusable code, tools, systems, design frameworks, and know-how. Fast Launch templates are licensed for use as part of the delivered website and are not sold or transferred as an exclusive design. Third-party software, fonts, plugins, stock assets, platforms, and services remain subject to their own licenses and terms.

A transfer to another host may require a written request, a current account, payment of all amounts due, technical review, and a separately quoted migration or preparation fee. Some managed, licensed, or platform-specific components may not be transferable. Unless you request otherwise in writing, we may display completed work in our portfolio and marketing.

Domains, email, payment processors, booking tools, e-commerce platforms, plugins, analytics, and other third-party services may have separate fees, licenses, availability, and terms. You are responsible for maintaining accounts that belong to you. We are not responsible for third-party outages, policy or price changes, suspensions, security incidents, discontinued services, or conduct outside our reasonable control.

Our collection and use of personal information is described in the Built By Elephant Privacy Policy. Stripe, Supabase, hosting providers, and other third parties process information under their own terms and privacy practices.

Client-portal access is invitation-only and limited to authorized users. You are responsible for maintaining accurate account information, protecting login credentials, using a unique password, controlling access by your personnel, and promptly notifying us of suspected loss, compromise, or unauthorized use. You may not share an account outside your organization or attempt to access another client’s information, administrative functions, or restricted systems.

You may not use the website, portal, or our hosting for unlawful, fraudulent, infringing, abusive, malicious, or harmful activity; upload malware or prohibited sensitive data; interfere with service operation; or attempt to bypass security or access controls. We may suspend access when reasonably necessary to protect systems, users, or third parties, investigate a security threat, comply with law, or respond to nonpayment.

We use commercially reasonable safeguards but cannot guarantee that accounts, hosting, backups, software, or internet services will be uninterrupted, error-free, or immune from every security incident.

Each party will use reasonable care to protect non-public business, customer, technical, project, and account information received from the other and will use it only to perform or receive services, except where disclosure is authorized or legally required.

You authorize us and our service providers to host, copy, transmit, review, modify, and otherwise process submitted project materials only as reasonably necessary to provide the services, follow your instructions, protect the service, and comply with law.

You consent to receive agreements, notices, invoices, receipts, privacy notices, account alerts, and project communications electronically. Checkbox acceptance and electronic checkout indicate your intent to agree electronically to the extent permitted by law.

We maintain the date, Terms version, Privacy Policy version, selected package, selected Care plan and billing method, amounts authorized, checkout reference, and recorded consent associated with checkout. The versions identified at acceptance govern that transaction unless the parties later agree otherwise in writing.

These Terms, the selected Fast Launch package or accepted Statement of Work, and approved written additions are the entire agreement concerning the services. If a provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. You may not transfer this agreement without our written consent; we may assign it in connection with a merger, sale, or reorganization.

We may update these Terms for future purchases or renewals. Questions, notices, or cancellation requests may be sent to hello@builtbyelephant.io.