Terms of Service

Last updated: August 11, 2026

1. Acceptance of Terms

By creating an account, accessing, or using Porchway (the “Service”), operated by [INSERT LEGAL NAME] (“Porchway,” “we,” “us,” or “our”), you (“you,” “your,” or “Customer”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.

2. Description of Service

Porchway provides a platform that helps small business owners create a website (“Page”) through a guided questionnaire. Content for a Customer’s Page is generated with the assistance of automated tools based on information the Customer provides, and is hosted by Porchway. The Service also provides lead notification (via SMS and/or email), a client contact management feature, and related tools depending on the Customer’s subscription plan. Customers should understand that Page content is generated in part by automated systems and templates, not manually created or independently verified by Porchway, and Porchway does not guarantee the accuracy, completeness, or effectiveness of any generated content.

3. Eligibility

You must be at least 18 years old and have the legal authority to bind the business you represent to use the Service. By using the Service on behalf of a business, you represent that you are authorized to do so.

4. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate, current information during signup and to keep it updated.

5. Subscription Plans, Billing, and Trials

  • Porchway offers subscription plans (currently “Base” and “Grow,” at the prices displayed at signup), billed monthly on a recurring basis via our third-party payment processor, Stripe.
  • If a free trial is offered, it will convert automatically to a paid subscription at the end of the trial period unless canceled before it ends, in accordance with the trial terms presented at signup.
  • You may upgrade or downgrade your plan at any time; charges will be prorated in accordance with our billing processor’s standard practices.
  • If a payment fails, we will attempt to notify you and provide a grace period of [INSERT NUMBER, e.g., 7] days before restricting access to paid features. We reserve the right to suspend or terminate accounts with unresolved payment failures.
  • All fees are non-refundable except as required by law or as we may determine at our sole discretion.

6. Cancellation and Data Retention

  • You may cancel your subscription at any time through your account or by contacting us.
  • If you downgrade from a higher plan to a lower plan, data associated with features not included in your current plan (such as your client list or custom form) will not be deleted and will remain accessible if you upgrade again.
  • If you cancel your subscription entirely, your Page will no longer be publicly accessible, and we will retain your account data for [INSERT PERIOD, e.g., 90 days] in case you wish to reactivate, after which it may be deleted in accordance with our Privacy Policy.

7. Your Content

  • You retain ownership of the information, photos, and content you submit to create your Page (“Customer Content”).
  • You grant Porchway a license to use, host, display, and reproduce your Customer Content solely as necessary to operate and provide the Service to you.
  • You are solely responsible for the accuracy, legality, and appropriateness of your Customer Content, including any claims made about your business, photos uploaded, and questions included in any custom form you create.
  • You represent that you have all necessary rights to any photos or content you upload, and that your content does not violate any third party’s rights or any applicable law.

8. Prohibited Uses

You may not use the Service to:

  • Post false, misleading, or fraudulent business information;
  • Upload content you do not have the right to use;
  • Create custom form questions that violate anti-discrimination laws, including but not limited to questions related to a prospective tenant’s or customer’s protected characteristics under the Fair Housing Act or similar state and local laws;
  • Harass, threaten, or send unwanted communications to any individual;
  • Use the Service for any illegal purpose or in violation of any applicable law or regulation;
  • Attempt to interfere with, disrupt, or gain unauthorized access to the Service or other Customers’ accounts or data.

We reserve the right to review, flag, or remove content and to suspend or terminate accounts that violate these Terms, though we do not undertake to review all content and are not responsible for content we have not reviewed.

9. SMS and Text Messaging

  • If you opt in to receive text message notifications, you consent to receive automated SMS messages from Porchway at the phone number you provide, related to leads and inquiries submitted through your Page.
  • Message and data rates may apply. Message frequency varies based on your Page’s activity.
  • You may opt out of SMS notifications at any time by [INSERT METHOD — e.g., replying STOP, or through your account settings], after which you will only receive notifications via email.
  • Consent to receive text messages is not a condition of purchasing any product or service.

10. Third-Party Services

The Service relies on third-party providers, including but not limited to Stripe (payment processing) and Twilio (SMS delivery). Your use of these features is also subject to those providers’ own terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.

11. Intellectual Property

Porchway and its logos, brand, and underlying platform technology are the property of Porchway and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use Porchway’s trademarks, brand assets, or platform technology outside of your use of the Service as intended.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL RESULT IN ANY PARTICULAR BUSINESS OUTCOME, INCLUDING BUT NOT LIMITED TO ANY NUMBER OF LEADS, INQUIRIES, OR SALES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORCHWAY’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO PORCHWAY IN THE [INSERT PERIOD, e.g., SIX (6) MONTHS] PRECEDING THE CLAIM. PORCHWAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Note for attorney review: some jurisdictions limit the enforceability of liability caps, particularly for gross negligence, willful misconduct, or certain statutory violations (e.g., TCPA) — this clause should be reviewed and tailored accordingly.

14. Indemnification

You agree to indemnify, defend, and hold harmless Porchway and its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Content; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) your business’s own products, services, or practices.

15. Termination

We may suspend or terminate your account at any time for violation of these Terms, non-payment, or illegal or abusive use of the Service, with or without notice. You may terminate your account at any time as described in Section 6.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of [INSERT STATE — likely Florida once relocated, but confirm with counsel], without regard to conflict of law principles. [INSERT ANY ARBITRATION OR VENUE PROVISIONS YOUR ATTORNEY RECOMMENDS.]

17. Changes to These Terms

We may update these Terms from time to time. We will provide notice of material changes, and continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Contact Us

Questions about these Terms can be sent to [INSERT CONTACT EMAIL].