Terms of Service - Custom Web Audits

1. Introduction and Acceptance

Welcome to Custom Web Audits ("we," "our," or "us"). By accessing or using our website auditing service (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Custom Web Audits provides website auditing services including website crawl results and performance metrics, SEO analysis data and recommendations, backlink profiles and keyword rankings, and technical audit findings.

3. Account Registration

3.1 Information You Provide

To use our Service, you must provide:

Account Information: Name, email address, and password
Payment Information: Processed securely through Stripe (we do not store full credit card details)
Website Data: URLs and websites you submit for auditing
Profile Information: Company name, contact details, and preferences

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Information Collection and Use

4.1 Automatically Collected Information

When you use the Service, we automatically collect:

Usage Data: Pages visited, features used, and time spent
Device Information: Browser type, operating system, and IP address
Cookies: Session cookies for authentication and preferences
Log Data: Access times, error logs, and performance metrics

4.2 How We Use Your Information

We use your information to:

Provide and maintain the Service
Process your transactions and manage subscriptions
Perform website audits and generate reports
Send service-related communications and notifications
Respond to your inquiries and provide customer support
Improve and optimize our Service
Detect and prevent fraud and abuse
Comply with legal obligations
Send marketing communications (with your consent)

5. Third-Party Service Providers

We do not sell your personal information. We may share your information with the following service providers:

Payment Processing: Stripe for secure payment processing
Data Analysis: Third-party APIs for SEO and performance data
Hosting: Cloud infrastructure providers
Email Service: Email delivery providers

6. Legal Disclosures

We may disclose your information if required by law, court order, or government request, or to protect our rights and safety. In the event of a merger, acquisition, or sale of assets, your information may be transferred to the new entity.

7. Data Security

We implement appropriate technical and organizational measures to protect your information:

Encrypted data transmission (SSL/TLS)
Secure password hashing (bcrypt)
Regular security audits and updates
Access controls and authentication
Secure database storage
Regular backups

However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

8. Data Retention

We retain your information for as long as your account is active or as needed to provide services. We may retain certain information after account closure as required by law or for legitimate business purposes. Audit results are retained according to your subscription plan.

9. Your Rights

You have the right to:

Access: Request a copy of your personal information
Correction: Update or correct inaccurate information
Deletion: Request deletion of your account and data
Export: Download your audit data
Opt-Out: Unsubscribe from marketing emails
Restriction: Limit how we use your information

To exercise these rights, contact us at [email protected]

10. Cookies and Tracking Technologies

We use cookies and similar technologies to:

Maintain your session and keep you logged in
Remember your preferences
Analyze usage patterns and improve the Service
Provide personalized content

You can control cookies through your browser settings, but this may affect Service functionality.

11. User Conduct and Prohibited Activities

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to the Service or its systems
Interfere with or disrupt the Service or servers
Submit false or misleading information
Audit websites you do not own or have authorization to audit
Resell or redistribute the Service without authorization

12. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of Custom Web Audits and are protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our prior written consent.

13. Third-Party Links

Our Service may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of these sites. We encourage you to read their terms of service and privacy policies.

14. Age Restrictions

Our Service is not intended for users under 18 years of age. By using the Service, you represent that you are at least 18 years old. We do not knowingly collect information from children. If we discover we have collected information from a child, we will delete it promptly.

15. International Data Transfers

Your information may be transferred to and processed in countries other than your own. By using the Service, you consent to such transfers. We ensure appropriate safeguards are in place to protect your information in accordance with these Terms.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOM WEB AUDITS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

18. Indemnification

You agree to indemnify, defend, and hold harmless Custom Web Audits and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

19. Termination

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service will immediately cease.

20. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes by email or through a notice on the Service. The "Last Updated" date at the top indicates when the Terms were last revised. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Custom Web Audits operates, without regard to conflict of law principles.

22. California Privacy Rights

California residents have additional rights under the CCPA, including the right to know what personal information is collected, sold, or disclosed, and the right to opt-out of the sale of personal information. We do not sell personal information.

23. GDPR Rights (EU Users)

If you are in the European Union, you have rights under GDPR including data portability, the right to be forgotten, and the right to lodge a complaint with a supervisory authority.

24. Contact Us

If you have questions or concerns about these Terms or our practices, please contact us:

Email: [email protected]
Website: https://customwebaudits.com

25. Arbitration Agreement & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. By accepting these Terms and using our services, you agree to resolve disputes through binding individual arbitration and you waive the right to a jury trial and to participate in any class, mass, consolidated, or combined action.

Agreement to Arbitrate Claims

"Claimant" (i.e., the person or entity asserting a claim or seeking recourse arising out of or related to this transaction) and Custom Web Audits agree that, except for disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdictions over civil disputes), any controversy or claim between any person or entity, whether at law or equity, arising out of or related to this transaction, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. The term "transaction," as used herein, means Custom Web Audits's provision of services. This agreement to arbitrate applies to disputes involving not only Custom Web Audits but also disputes with any other person or entity arising out of or relating to the transaction, including but not limited to any of its subsidiaries or affiliates ("Other Parties").

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an "award." Arbitration provides for more limited discovery than in court, and is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in the "Service Agreement" (collectively, the agreement(s) between the Claimant and Custom Web Audits for services including, without limitation, the service order and receipt).

Claimant and Custom Web Audits agree that their sole relationship is a contractual one governed by the terms of this agreement and the Service Agreement. Any controversy or claim between any person or entity, whether at law or equity, arising out of or related to this transaction shall be resolved solely based on this Agreement and the Service Agreement.

Institutional Arbitration

The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "Rules"), and judgment on the award may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate arbitration, are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If you initiate arbitration, you must serve Custom Web Audits or its registered agent for service of process (or as applicable the registered agent for service of process of any Other Party).

Any arbitration under this Agreement will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. Claimant, Custom Web Audits and Other Parties are each waiving the right to trial by jury. They are further giving up the ability to participate in a class, mass, consolidated or combined action or arbitration.

Place of Arbitration / Number of Arbitrators / Costs of Arbitration / Governing Law / Survival

Any arbitration will take place in the county where the transaction occurs. If such arbitration is dismissed or stayed on the grounds that the foregoing selection of the place of arbitration is ruled unenforceable, invalid or ineffective for any reason, Claimant and Custom Web Audits agree that the place of arbitration will be in the county where Claimant resides. Any arbitration will be determined by a single arbitrator.

Any filing fee or administrative fee required of Claimant by the AAA Rules shall be paid by Claimant to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non frivolous complaints, Custom Web Audits or Other Parties will pay the amount of such fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the American Arbitration Association. Reasonable attorney's fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law.

All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for a court to decide. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this provision, and the substantive and procedural provisions of the FAA shall apply. This agreement to arbitrate shall survive termination of the Service Agreement.

Severability

Notwithstanding anything to the contrary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this arbitration provision, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.

Desk Arbitration

For all disputes concerning an amount less than fifteen thousand dollars ($15,000.00), the parties shall submit their arguments and evidence to the arbitrator in writing and the arbitrator shall make an award based only on the documents; no hearing will be held unless the arbitrator in his or her discretion, and upon request of a party, decides it is a necessity to require an in-person hearing. For a dispute governed by the AAA Consumer-Related Disputes Supplementary Procedures, and concerning an award between fifteen thousand dollars ($15,000.00) and fifty thousand dollars ($50,000.00), inclusive, Custom Web Audits (or Other Parties as applicable) shall pay Claimant's filing fee under the AAA Rules, provided that Claimant agrees that both parties shall submit their arguments and evidence to the arbitrator in writing and that the arbitrator shall make an award based only on the documents, without a hearing being held. Notwithstanding this provision, the parties may agree to proceed with desk arbitration at any time.

Access to Small Claims Courts

All parties shall retain the right to seek adjudication in a state court of limited jurisdiction, such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdiction over civil disputes, for individual disputes within the scope of such court's jurisdiction.

Acknowledgements

Claimant and Custom Web Audits acknowledge and agree that pursuant to this Agreement:

CLAIMANT AND CUSTOM WEB AUDITS AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST CLAIMANT, CUSTOM WEB AUDITS, OR ANY PERSON OR ENTITY IN CONNECTION WITH THIS TRANSACTION;

CLAIMANT AND CUSTOM WEB AUDITS AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A COURT, OTHER THAN A STATE COURT OF LIMITED JURISDICTION AS DEFINED ABOVE, RESOLVE ANY DISPUTE ALLEGED AGAINST CLAIMANT, CUSTOM WEB AUDITS, OR ANY PERSON OR ENTITY IN CONNECTION WITH THIS TRANSACTION;

CLAIMANT AND CUSTOM WEB AUDITS AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A COURT REVIEW ANY DECISION OR AWARD OF AN ARBITRATOR, WHETHER INTERIM OR FINAL, EXCEPT FOR APPEALS BASED ON THOSE GROUNDS FOR VACATUR EXPRESSLY SET FORTH IN SECTION 10 OF THE FEDERAL ARBITRATION ACT.

CLAIMANT AND CUSTOM WEB AUDITS AGREE THAT WE ARE WAIVING THE RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, JOIN AS A CLASS MEMBER, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTION OR ARBITRATION FILED AGAINST CLAIMANT, CUSTOM WEB AUDITS, OR ANY PERSON OR ENTITY IN CONNECTION WITH THIS TRANSACTION.

Award

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless a brief explanation of the reasons is requested by one of the parties. Unless both Claimant and Custom Web Audits agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

Confidentiality of Arbitration

Notwithstanding anything to the contrary in the AAA Rules, the Claimant and Custom Web Audits agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the American Arbitration Association from reporting certain consumer arbitration case information as required by state law.