Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Black Sail Labs and govern your access to and use of our website, our free website preview, our subscription plans, our one-time services and our add-ons. Please read them carefully. By using our website, requesting a preview, or purchasing any of our services, you agree to be bound by these Terms.

1. Acceptance & who we are

“Black Sail Labs” (“Black Sail Labs”, “we”, “us” or “our”) is a sole proprietorship based in the Commonwealth of The Bahamas, with its principal place of business at 41 Frank Edgecombe Road, Fox Hill, Nassau, The Bahamas. Black Sail Labs provides done-for-you websites and digital-growth services for small and local businesses.

These Terms apply to everyone who visits blacksaillabs.com (the “Site”), requests a free preview, or subscribes to or purchases any of our services (each such person or business, a “Client”, “you” or “your”). By accessing the Site or using any service, you confirm that you have read, understood and agree to be bound by these Terms, together with our Privacy Policy and Refund Policy, which are incorporated into these Terms by reference. If you do not agree, you must not use the Site or our services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

2. Definitions

In these Terms:

• “Add-on” means an optional recurring or one-time service you can add to a Plan, such as a chatbot, online booking, an online store, an extra location, priority support or a brand kit.
• “Client Content” means any text, images, logos, videos, data, business information, customer or lead data, and other materials you provide to us, or authorise us to use, in connection with the services.
• “Deliverables” means the website(s), pages, copy, configurations and other work product we create for you under a Plan.
• “Free Preview” means a no-cost, no-obligation sample website we may prepare so you can evaluate our work before purchasing.
• “Paddle” means Paddle.com Market Limited and its affiliates, our authorised reseller and Merchant of Record, who sell our services to you and process payments (see Section 6).
• “Plan” means a subscription tier (for example, Starter, Growth, Pro or Enterprise) that you purchase on a recurring basis.
• “Setup Fee” means a one-time charge for the initial design, build and configuration work associated with a Plan or service.
• “Third-Party Services” means services operated by parties other than us, such as hosting, domain, analytics, communications, payment and artificial-intelligence providers (see Section 11).

3. The services we provide

Black Sail Labs offers a done-for-you digital presence for small businesses. Depending on the Plan and Add-ons you select, our services may include:

• A Free Preview of a proposed website, prepared at no charge and with no obligation to buy;
• Design, build, hosting and ongoing maintenance of a website (from a single page up to multiple pages and locations);
• Setup and optimisation of a Google Business Profile, one-tap WhatsApp messaging, review-request flows, lead-capture forms and basic local SEO;
• AI-assisted content, such as website copy, social posts and other written materials generated with the help of artificial-intelligence tools;
• Optional Add-ons such as an AI website chatbot, online booking, an online store, additional locations, priority support and brand assets; and
• Higher-tier services such as analytics reporting, managed outreach and lead generation, and strategy calls, where included in your Plan.

The specific features available to you are those described for your selected Plan and Add-ons at the time of purchase, as set out on our pricing page or in a written proposal. We may reasonably substitute features or tools of comparable quality and function (for example, where a Third-Party Service changes or is discontinued). We provide the services with reasonable skill and care, but the manner and means of performing them are within our discretion.

3.1 The Free Preview

The Free Preview is provided free of charge, for evaluation purposes only, and creates no obligation on you to purchase and no obligation on us to continue. A Free Preview may use placeholder text, stock or sample imagery and demonstration data. We retain all rights in a Free Preview unless and until you purchase a Plan; you may not publish, host, copy or otherwise use a Free Preview (or its underlying code, design or assets) except by purchasing the corresponding services.

4. No guarantee of results

We do not guarantee any particular business outcome. While we build your website and digital presence using recognised best practices, we do not and cannot promise, guarantee or warrant any specific level of website traffic, search-engine rankings, visibility, impressions, clicks, leads, enquiries, bookings, sales, revenue or other commercial results. Search engines, social platforms, advertising networks and consumer behaviour are outside our control and change frequently.

Any timelines, examples, projections or statements about potential results are illustrative only and are not commitments. Your results will depend on many factors beyond our control, including your market, pricing, competition, the responsiveness of your own operations, and the policies and algorithms of Third-Party Services.

5. Eligibility & accounts

You must be at least 18 years old and capable of forming a binding contract to use our services. Our services are intended for businesses and are not directed to consumers purchasing for personal, household or family purposes, nor to children.

You are responsible for providing accurate, current and complete information when you engage us, and for keeping any account credentials, logins or access we provide (or that you provide to us) confidential and secure. You are responsible for all activity that occurs under your account or through access you grant us. Notify us promptly at [email protected] if you believe your account has been compromised.

6. Fees, billing & auto-renewal

6.1 Paddle as our Merchant of Record

Our order process and payments are conducted by our authorised reseller and Merchant of Record, Paddle (Paddle.com Market Limited). Paddle is the seller of record for your purchase. When you buy a Plan, Setup Fee or Add-on, you are purchasing from Paddle, who in turn provides the services to you on our behalf. Paddle handles checkout, payment processing, billing, subscription management, invoicing and the calculation and collection of applicable sales tax, VAT or similar taxes.

Your purchase is therefore also subject to Paddle’s Buyer Terms and Paddle’s privacy policy, which apply to the payment transaction in addition to these Terms. If there is a conflict between these Terms and Paddle’s Buyer Terms with respect to the payment transaction, taxes or refunds, Paddle’s terms govern that transaction.

6.2 Prices & currency

Prices are displayed on our pricing page and at checkout. Unless stated otherwise, prices are quoted in United States dollars (USD). Applicable taxes are determined and added by Paddle based on your location and are shown before you complete your purchase. You are responsible for any bank, card, currency-conversion or similar charges imposed by your own payment provider.

6.3 Subscriptions & auto-renewal

Plans and recurring Add-ons are sold on a subscription basis and renew automatically at the end of each billing period (for example, monthly or annually) at the then-current price, until cancelled. By subscribing, you authorise Paddle to charge your chosen payment method on a recurring basis for each renewal until you cancel. Setup Fees are one-time charges billed at the start of the engagement.

6.4 Price changes

We may change our prices and the fees for our services from time to time. We will give you reasonable advance notice of any price change that will affect your subscription (for example, by email or via the Site), and the change will take effect from your next billing period after the notice. If you do not agree to a price change, you may cancel before it takes effect.

6.5 Failed payments & suspension

If a payment fails or is reversed, Paddle may re-attempt the charge. We may suspend, limit or discontinue the affected services (including taking a website offline) until payment is successfully made. We are not liable for any loss arising from a suspension caused by non-payment.

7. Cancellation & termination

You may cancel a subscription at any time, effective at the end of your current paid billing period, by contacting us at [email protected] or using any self-service cancellation method made available through Paddle. Cancellation stops future renewals. Unless required by law or stated in our Refund Policy, fees already paid are non-refundable and are not pro-rated, and you retain access to the services until the end of the period you have paid for. Refunds, where they apply, are handled by Paddle in accordance with our Refund Policy.

We may suspend or terminate your access to the services, in whole or in part, with or without notice, if: (a) you breach these Terms; (b) you fail to pay amounts due; (c) your use creates a legal, security or reputational risk to us or others; or (d) we are required to do so by law or by a Third-Party Service. Where practical and lawful, we will give you notice and an opportunity to remedy a breach. We may also cease offering the services generally on reasonable notice.

On termination, your right to use the services ends. Sections that by their nature should survive termination (including Sections 4, 10, 14, 15, 16, 17 and 21) will survive. Following termination, and provided your account is settled, we will make reasonable efforts to hand over your content, domain and contacts as described on our Site.

8. Your responsibilities

To enable us to provide the services, you agree that you will:

• Provide accurate, complete and lawful information and Client Content, and keep it up to date;
• Own, or have all necessary rights, licences and permissions to use and to allow us to use, all Client Content you supply (including text, images, logos, trademarks, reviews and any customer or lead data);
• Respond to our requests and review, approve or provide feedback on drafts and Deliverables in a timely manner (delays on your side may delay your project);
• Comply with all laws applicable to your business and use the services only for lawful purposes; and
• Obtain any consents, licences, registrations or professional approvals your business requires.

You are solely responsible for the accuracy, legality and appropriateness of the Client Content and of your business, products and services as presented on any website we build.

9. Acceptable use & prohibited content

You must not use our services, and you must not provide Client Content or ask us to publish content, that:

• Is unlawful, fraudulent, defamatory, obscene, hateful, harassing, or that infringes any intellectual-property, privacy or other right of a third party;
• Promotes violence or discrimination, or that relates to activities that are illegal in the Commonwealth of The Bahamas or in your jurisdiction;
• Contains malware, or is used to gain unauthorised access to, disrupt, or overload any system, network or the services;
• Is misleading about your identity, or falsely implies an affiliation, endorsement or sponsorship; or
• Violates the acceptable-use, content or advertising policies of any Third-Party Service we use to deliver the services.

We may refuse, remove or disable any content or use that we reasonably believe violates this Section, without liability to you.

10. Intellectual property

10.1 Your content

As between you and us, you retain ownership of your Client Content and your pre-existing intellectual property. You grant us a worldwide, non-exclusive, royalty-free licence to host, use, reproduce, modify, adapt and display the Client Content solely as necessary to provide, maintain, promote and improve the services for you.

10.2 The Deliverables

Subject to full payment of the applicable fees and while your subscription remains active, you own the bespoke, client-specific content of the website we deliver for you (such as the page copy, your images and your business information), consistent with the ownership described on our Site. Where a Deliverable incorporates our pre-existing materials or Third-Party materials, your rights in those elements are limited as set out in Section 10.3.

10.3 Our intellectual property

We retain all right, title and interest in and to our underlying tools, software, frameworks, templates, design systems, components, code libraries, methods, know-how, processes and any other materials we develop or use to deliver the services (our “Platform IP”), including any improvements to them. Nothing in these Terms transfers ownership of our Platform IP to you. To the extent our Platform IP is embedded in or required to operate a Deliverable, we grant you a limited, non-exclusive, non-transferable, revocable licence to use it solely in connection with the Deliverable and for so long as your subscription is active and fees are paid.

10.4 Feedback

If you give us feedback, ideas or suggestions about the services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without obligation to you.

10.5 Trademarks

“Black Sail Labs”, our logo and our other marks are our trademarks. You may not use them without our prior written consent. All other trademarks are the property of their respective owners.

11. Third-party services

The services rely on Third-Party Services, which may include, among others: Cloudflare (hosting and content delivery); domain registrars; Google (Business Profile, Places, Maps and analytics); Meta / WhatsApp (messaging); Paddle (payments); and artificial-intelligence providers such as Anthropic. Your use of the services may be subject to those providers’ own terms and policies, and we act as an intermediary in configuring them for you.

We do not control Third-Party Services and are not responsible for their availability, performance, changes, suspension, pricing, policies or discontinuation, nor for any act or omission of a third party. An outage, change, restriction or termination by a Third-Party Service may affect the services, and we are not liable for any resulting interruption or loss. Where a Third-Party Service becomes unavailable or changes materially, we may substitute a comparable alternative.

12. AI-assisted content

Some Deliverables — including website copy, social posts and other written materials — may be produced with the assistance of artificial-intelligence tools. AI-generated content can contain errors, omissions, outdated information or inaccuracies, and may require review. You are responsible for reviewing, editing and approving all content before it is published, and for ensuring it is accurate, lawful, non-infringing and appropriate for your business. We do not warrant that AI-assisted content is accurate, complete, original or fit for any particular purpose. Where required, we can incorporate a review-and-approval step; final responsibility for published content rests with you.

13. Communications & outreach

Where your Plan includes messaging, review requests, marketing or lead-generation outreach (for example, via email, SMS or WhatsApp), we will carry out such activities only with your authorisation and on your instructions, using contact data you own or are lawfully entitled to use. You and we each agree to comply with all applicable anti-spam, electronic-communications, telemarketing and data-protection laws. You are responsible for ensuring you have any necessary consents from the recipients of communications sent on your behalf and for the content and accuracy of the messages you approve. You will indemnify us in respect of communications sent using data or content you provided or approved, as set out in Section 16.

14. Disclaimer of warranties

To the maximum extent permitted by law, the Site, the Deliverables and the services are provided “as is” and “as available”, with all faults and without warranties of any kind, whether express, implied or statutory. We expressly disclaim all implied warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the services or any website will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components, that any defects will be corrected, or that the services will meet your requirements or achieve any particular result. We do not provide any uptime guarantee or service-level commitment unless expressly agreed in a separate written agreement signed by us. Any advice or information you obtain from us does not create any warranty not expressly stated in these Terms.

15. Limitation of liability

To the maximum extent permitted by law, in no event will Black Sail Labs, its owners, officers, employees, contractors or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business, data, or anticipated savings, or for business interruption, however caused and under any theory of liability, whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the services, whether in contract, tort (including negligence), or otherwise, will not exceed the total amount of fees you actually paid to us (or to Paddle for our services) in the six (6) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case, our liability is limited to the greatest extent permitted by law.

16. Indemnification

You agree to indemnify, defend and hold harmless Black Sail Labs and its owners, officers, employees and contractors from and against any and all claims, demands, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your Client Content; (b) your use of the services; (c) any communications or outreach sent on your behalf or approved by you; (d) your violation of these Terms or of any law; or (e) your infringement or misappropriation of any third-party right. We will notify you of any such claim and may, at our option, participate in its defence with counsel of our choosing.

17. Confidentiality

Each party may receive information from the other that is confidential or proprietary (“Confidential Information”). Each party agrees to protect the other’s Confidential Information with reasonable care, to use it only to perform or receive the services, and not to disclose it to third parties except to its personnel, contractors or advisers who need to know it and are bound by similar obligations, or as required by law. This does not apply to information that is or becomes public through no fault of the receiving party, is already known to it, or is independently developed by it.

18. Privacy

Our collection and use of personal information is described in our Privacy Policy. Where we process, on your behalf, personal data relating to your own customers or leads, you are the controller of that data and we act as your processor; you are responsible for having a lawful basis and any necessary notices and consents for that data. By using the services, you acknowledge and consent to the handling of information as set out in the Privacy Policy.

19. Changes to the services & these Terms

We may modify, add to or discontinue features of the services from time to time. We may also update these Terms to reflect changes in our services, our business or the law. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice (for example, by email or a notice on the Site). Changes take effect when posted unless stated otherwise. Your continued use of the services after changes take effect constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the services and may cancel as described in Section 7.

20. Force majeure

We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, hurricanes, storms, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labour disputes, power or internet failures, or the failure, outage or change of any Third-Party Service.

21. Governing law & dispute resolution

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, without regard to its conflict-of-laws principles. Subject to the informal-resolution process below, you agree that the courts of the Commonwealth of The Bahamas have exclusive jurisdiction to settle any such dispute or claim.

21.1 Informal resolution first

Before starting any formal proceedings, you agree to first contact us at [email protected] and to try in good faith to resolve the dispute informally. We will do the same. Most concerns can be resolved this way. If we cannot resolve a dispute within thirty (30) days of written notice, either party may pursue the remedies available under these Terms. This Section does not prevent either party from seeking urgent injunctive or equitable relief. Nothing in this Section affects any mandatory rights you may have to bring proceedings in your country of residence where the law so requires.

22. General provisions

22.1 Entire agreement

These Terms, together with our Privacy Policy, Refund Policy, and any Plan details or written proposal we provide, constitute the entire agreement between you and us regarding the services and supersede all prior agreements and understandings.

22.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

22.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganisation or sale of assets.

22.4 Waiver

No failure or delay by either party in exercising any right under these Terms will operate as a waiver of that right, and no single or partial exercise of any right precludes any further exercise of it.

22.5 Notices

We may give you notices by email to the address associated with your account, or by posting on the Site. You may give us notice by email to [email protected]. Notices are deemed received when sent (for email) or posted (for the Site).

22.6 Relationship of the parties

We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.

23. Contact us