Terms & Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Tamer Designs, doing business as TopSyde (“Company,” “we,” “us,” “our”), a company registered in Colorado, United States at PO Box 270545, Littleton, CO 80127.

We operate the website topsyde.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (collectively, the “Services”).

By using the Services, purchasing a plan, or creating an account in our client portal, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree, you may not use the Services. If you are entering into these Legal Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity.

You can contact us by phone at 720-803-4053, email at hello@topsyde.com, or by mail to PO Box 270545, Littleton, CO 80127, United States.

Your use of the Services is also governed by our Privacy Policy and Cookie Policy, which describe how we collect and use information, the analytics and advertising technologies we use, and how you can opt out of them; our Service Level Agreement, which sets out our uptime commitment, what is excluded from it, and the credits available if we miss it; and our Content Integrity, Defamation & Infringement Policy, which explains who is responsible for published content and how to report infringing or defamatory material. Each of those documents forms part of these Legal Terms.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. Our Content and Marks are protected by copyright and trademark laws.

3. Purchases and Payment

We accept Visa, Mastercard, American Express, Discover, Zelle, and ACH. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. All payments shall be in US dollars.

4. Subscriptions

Your subscription will continue and automatically renew unless canceled. You can cancel your subscription at any time through Billing in the portal (for self-service accounts), or by contacting us. Your cancellation will take effect at the end of the current paid term.

30-day money-back guarantee

Every hosting plan includes our 30-day money-back guarantee. If you are not happy in your first 30 days, contact hello@topsyde.com or submit a portal support ticket to request a full refund of your hosting payments. You leave with your site and your data. Canceling a subscription or closing an account does not automatically submit a refund request.

Closing an account is a separate, destructive action: the portal schedules removal of its hosted sites after a 48-hour window in which you can undo the closure. Export your site and data before closing. Canceling renewal through Billing alone does not request this removal.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Upload, host, or transmit malware, viruses, or any other malicious or destructive code through the Services or any website we host or maintain.
Engage in unauthorized access to, tampering with, or probing of non-public areas of the Services, or circumvent any security or authentication measures.
Send spam, unsolicited bulk email, or phishing communications from infrastructure we provide or manage.
Operate open proxies, IRC servers or bots, or anonymization relays.
Mine or farm cryptocurrency using hosting resources we provide.
Overburden the Services or any underlying CPUs, servers, storage, or network resources, including through unapproved load or penetration testing.

6. Prohibited Website Content

Our hosting and maintenance services run on managed third-party cloud infrastructure, and every website we host or maintain must comply with the acceptable use policies of our upstream infrastructure providers in addition to these Legal Terms. We do not accept, host, or maintain websites that contain, promote, distribute, or link to:

Pornographic, sexually explicit, or sexually obscene content, or any content that is sexually exploitative of children.
Content that is illegal under applicable law, including the sale of illegal goods, controlled substances without required licenses, or stolen data.
Content that infringes any patent, copyright, trademark, trade secret, or other intellectual property right, including pirated software, media, or “warez.”
Content that promotes terrorism, violence, discrimination, bigotry, racism, hatred, harassment, prostitution, human trafficking, or harm against any person or group.
False, misleading, deceptive, defamatory, or fraudulent content, including phishing pages, chain letters, pyramid schemes, Ponzi schemes, and high-yield investment programs.
Malware, spyware, or tools designed to compromise the security of other systems.
Gambling or betting operations that are not properly licensed in every jurisdiction they serve.
File dumps, mirror sites, or mass file-distribution services operated primarily for storage or distribution rather than as a website.

We may refuse service to, suspend, or remove any website that we determine, in our sole discretion, violates this section, violates an upstream provider’s acceptable use policy, or exposes us or our infrastructure providers to legal or security risk — with or without prior notice. Where required, we will report unlawful content to the appropriate authorities. The 30-day money-back guarantee still applies to eligible first-month hosting payments, including when service ends under this section. After that guarantee period, no refund is owed for a billing period in which a website is suspended or terminated under this section.

7. Your Site, Your Changes: Division of Responsibility

Managed hosting is a shared-responsibility arrangement. We are responsible for the platform your site runs on and for how we respond when something goes wrong on it. You are responsible for what you publish, what you install, and who you give access to. This section describes where that line sits.

What we are responsible for

The server, network, edge, and caching layers your site runs on, and their configuration.
WordPress core, plugin, and theme updates that we apply through our maintenance schedule.
Continuous uptime monitoring, security scanning, and the alerting behind them.
Backups on the schedule published for your plan, and restoration from them.
Detecting, containing, and remediating security incidents that we identify.
The support response targets published in our Service Level Agreement.

What you are responsible for

All content published on your site, including text, images, media, and any claim made in it. See our Content Policy.
Every plugin, theme, script, snippet, or piece of custom code that you install or direct us to install, whether or not we recommended it.
Plugin, theme, or core updates that you apply yourself outside our maintenance schedule.
Every user account you create on your site and the level of access you grant, including accounts for staff, contractors, agencies, and people who no longer work with you.
The security of your own credentials and devices — unique passwords, multi-factor authentication where it is offered, and prompt notice to us when someone with access should lose it.
Third-party services you connect to your site, including payment gateways, CRMs, marketing tools, APIs, and email providers, along with their availability, security, and terms.
DNS, domain registration, and email records that you administer yourself or through another provider.
Any regulatory obligation that attaches to your business or to your site’s visitors, including PCI DSS, HIPAA, accessibility, and consumer privacy law. The Services are not sold as, and do not constitute, a compliance program.
Carrying insurance appropriate to your business, including cyber liability coverage where a compromise or an outage would cause you material loss.

Changes you make are yours

You keep administrative access to your own site. That is deliberate — it is your site, and we do not put a support ticket between you and your own content. It also means we cannot prevent a change that breaks it. If you, or anyone acting on your behalf, installs, updates, removes, or modifies a plugin, theme, setting, or piece of code, and that change causes downtime, data loss, degraded performance, broken functionality, or a security vulnerability, the resulting incident is your responsibility and is excluded from the Uptime Guarantee under our SLA.

Where we advise against a plugin, an update, a configuration, or a change and you proceed anyway, you accept the outcome. We record that advice in the ticket or thread in which it was given.

We will still fix it

This section allocates responsibility; it does not describe how we behave in an emergency. If your site is down or compromised, we work the problem first and settle cause and billing afterward. Remediation of an issue traced to something in your control is billable at our then-current rates and does not entitle you to a service credit — but we will not leave a site broken while we work out whose fault it was.

8. Security Monitoring, Malware, and Incident Response

We monitor the sites we host continuously, run automated malware and file-integrity scanning, apply security patches, maintain edge and firewall protections, and remove infections and restore clean copies when we find them.

We do not guarantee that your site will not be compromised. No hosting provider, security vendor, or scanner can honestly make that promise, and we do not make it. Security work reduces the likelihood of a breach and shortens the time between compromise and recovery. It does not eliminate the possibility of one.

In particular, we cannot prevent, and are not responsible for, compromises originating from:

Previously unknown (“zero-day”) vulnerabilities in WordPress core, a plugin, or a theme, before a patch exists.
Vulnerable, abandoned, pirated, or “nulled” plugins and themes that you install or require us to keep installed.
Compromise of your credentials or devices, including phishing, password reuse, and malware on a computer used to log in.
Actions taken by any person you granted access to, including staff, contractors, agencies, and users whose access was not revoked.
Compromise of a third-party service, a plugin author’s own update infrastructure, or any other part of the software supply chain outside our infrastructure.
Infections present on a site before it was migrated to us, where we were not engaged to perform a full remediation first.
Denial-of-service attacks, botnets, and other malicious traffic directed at your site or at our upstream providers.

What you get if it happens. On a confirmed security incident, our obligation is to contain it, remove what we find, restore your site from the most recent clean backup available, and tell you what we found. That work is your remedy for a security incident. We do not warrant that scanning detects every threat, that removal recovers data destroyed or exfiltrated before detection, or that a restored site is identical to its pre-incident state. Where an incident traces to a cause in your control under Section 7, remediation is billable at our then-current rates.

We are not an insurer. We do not indemnify you for business interruption, lost revenue, regulatory penalties, chargebacks, breach-notification costs, or third-party claims arising from a compromise of your site. If those exposures would be material to your business, carry cyber liability insurance.

9. Optional Site Tools

Your plan includes the optional tools described in this section: Auto SEO, Auto Speed, Two-Factor Login, Cookie Consent (with Privacy Policy Sync), Form Protection, Database Cleanup, Broken Links & 404s, and AI Edits. Each is a switch per site on the site’s Dashboard tab in the portal, each off until a site administrator turns it on and agrees to the short feature terms shown at that moment. Those feature terms repeat what this section says; this section governs. Each tool ends when it is turned off and when your site leaves us, and we may change, pause, or discontinue any of them, or the kinds of changes they make, at any time.

Auto SEO and Auto Speed

Auto SEO and Auto Speed are optional tools included with your plan. Where a tool is turned on for a site, it periodically reviews that site’s publicly visible pages and performance reports and applies a limited set of automated changes — for example, adding a missing meta description or missing image alt text, creating a lighter copy of an image, or giving a page’s main image loading priority. Some of these changes are drafted by AI models operated by a third-party provider, which receive the site’s public page content and images for that purpose. Either tool can be turned on or off for a site from the portal or by asking us; a change of setting may take effect after a short delay.

No guarantees. These tools are intended to improve a site’s technical readiness, not to deliver any particular outcome. We do not guarantee any search ranking or visibility, traffic, PageSpeed or Lighthouse score, Core Web Vitals result, conversion rate, or other result, and an automated change may have no measurable effect. Search engines and performance-testing tools are operated by third parties that change their methods without notice.

Your content. The tools do not rewrite the body content you authored (weak page titles, meta descriptions and image descriptions may be improved from what the page already says), and they do not change robots directives, canonical tags, or redirects. Original image files are not modified; lighter copies are created alongside them. Text the tools generate, such as meta descriptions and alt text, can be inaccurate or incomplete, and you are responsible for reviewing it wherever accuracy matters to you. Automatically added alt text is a convenience, not an accessibility audit, and does not certify compliance with any accessibility standard or law.

Structured data. Where a site has none of its own, Auto SEO may publish a public llms.txt file listing the site’s public pages and may add structured data (schema.org markup) that describes the business and its pages to search engines: the business name, web address, logo, phone number, email address, written street address and opening hours, the location of a map the site embeds, its social profile links, the areas it says it serves, the kind of business its own wording names, and, for individual pages, breadcrumbs, a blog post’s date and author byline, questions and answers the page already shows, and the services a service page describes. Every detail is taken only from what the site’s public pages already show, is recorded with where it was found, and is removed when the page stops showing it. It never invents owners, people, prices, credentials, or reviews. Schema that you or your plugins publish always takes precedence: where any page carries its own business markup, or a page already prints a type we would add, we add nothing of that kind. Structured data is a description offered to search engines, which decide for themselves whether and how to use it; we do not guarantee any rich result, ranking, or visibility from it.

Full rollback. Every change these tools make can be reversed. You can roll back all of a tool’s changes on a site at any time from the portal, or ask us to do it for you. A rollback removes the tool’s changes from the site and clears its page cache; copies held by third parties, such as search engine indexes or a visitor’s browser, may show the earlier version until they refresh. Rollback is your remedy for an automated change you do not want.

We may pause or limit either tool on a site — for example, where it would conflict with another optimization plugin — and we may change, pause, or discontinue either tool, or the kinds of changes it makes, at any time.

Two-Factor Login

Where two-factor login is turned on for a site, we install the open-source Two Factor plugin, which is published on wordpress.org and maintained by WordPress contributors, and a small file of our own that requires everyone who can edit the site (administrators, editors, authors, contributors, and shop managers) to add a second step to their login. Each of those people sets it up in their own WordPress profile the next time they open the dashboard, choosing an authenticator app or codes sent by email, and is given one-time backup codes. Until they do, the rest of the dashboard is closed to them. Subscribers, shop customers, and the access account we use to maintain the site are not affected.

What you are responsible for. The devices, authenticator apps, email accounts, and backup codes your people use are yours to keep safe. Codes sent by email depend on your site being able to send email. A password still signs a person in as far as the setup screen, so a password you believe has been exposed should be reset before the tool is turned on, not after. Keeping your list of users current remains your responsibility under Section 7.

Lockouts and resets. A person who loses both their device and their backup codes is locked out until their two-factor setup is reset. We reset it on a request made from the email address on your account, or from the locked-out user’s own account email, after we have taken reasonable steps to verify who is asking; we may decline a request we cannot verify, and we may take longer where verification is in doubt. A reset is itself a security-sensitive act. We are not liable for a lockout, for work interrupted by one, or for access gained by a person who defeated the second step through a compromised device, email account, phone number, or backup code, or through a reset obtained by impersonating you.

No guarantee. Two-factor login reduces the risk that a stolen or reused password is enough to get in. It does not prevent every unauthorized access, it does not protect accounts that have not completed setup, and it changes nothing in Section 8: we do not guarantee that your site will not be compromised. Turning the tool off removes the requirement and the plugin we installed; each person’s authenticator setup is kept in case it is turned back on.

Cookie Consent Banner

Where cookie consent is turned on for a site, we add a banner and a cookie-settings button to the site’s public pages, record each visitor’s choice as a receipt in the site’s own database, send Google’s Consent Mode signals that match the choice, hold back the advertising and analytics scripts we recognise until a visitor allows them, and treat a browser’s Global Privacy Control signal as an opt-out. Which visitors are asked before anything loads is decided by the visitor’s browser time zone (Europe and the European Union’s overseas regions by default, or every visitor, a setting on the site’s card).

A tool, not legal advice. The banner is a technical control. It does not make your site compliant with any law, and nothing we say about it is legal advice. You are the controller of your visitors’ personal data. You remain responsible for which cookies, scripts, and tracking services your site uses; for your privacy and cookie policies and any notices a law requires you to display, such as a notice at collection or a “Do Not Sell or Share” link; for choosing whether every visitor or only visitors in certain regions should be asked; and for deciding, with your own legal advice, whether the banner as configured meets the laws that apply to you, including the GDPR, the ePrivacy Directive and UK PECR, the CCPA/CPRA and other U.S. state privacy laws, Canada’s PIPEDA and Quebec’s Law 25, Brazil’s LGPD, and any other privacy, cookie, or marketing law.

Known limits. The banner holds back only scripts it recognises in a page’s HTML. It does not hold back scripts it does not recognise, scripts loaded from inside a tag manager (those follow the tag manager’s own consent settings), embedded videos, maps and other iframes it does not recognise, anything your site sets from the server, or anything set by a page served from a cache before the banner was turned on. Google tags are not held back; they follow the Consent Mode signals we send. The time-zone rule is an approximation of where a visitor is: a VPN, a travelling laptop, or a changed device setting can place a visitor in the wrong group. Where another consent tool is active on the site, ours stays off. The banner is in English only and does not implement the IAB Transparency and Consent Framework; a site whose visitors need another language, that serves advertising through Google AdSense or Ad Manager to visitors in Europe, or that loads tracking scripts we do not recognise should use a dedicated consent product instead, and we will say so when asked. The cookie list on the Cookie Policy page we create is produced by an automated scan of a few of the site’s pages, repeated about weekly; it can miss cookies set on pages it did not visit or set later, and you are responsible for reviewing it. We may change, pause, or discontinue the banner, the list of services it recognises, or the rules it applies, at any time.

Receipts. The receipts the banner records (a random identifier, the time, the choices made, the region rule applied, and the banner version, but not the visitor’s IP address or browser details) are stored in your website’s database and belong to you. The portal reads totals from them, never the entries themselves. We do not warrant that those receipts satisfy any particular evidentiary or record-keeping requirement. Turning the tool off removes the banner and lets every script load for every visitor again; receipts already recorded stay on the site.

Privacy Policy Sync

Privacy policy sync is a second switch on the cookie consent card and needs the banner on. Where it is turned on, we publish a Privacy Policy page on the site and keep it up to date. The text is generated only from what we can detect: the cookie scan, the trackers and embeds the banner sees, active plugins that collect information (forms, shop, comments, accounts, newsletters), and the services we use to host the site and deliver its email. To write it we read the site’s configuration, including its active plugins, store and contact settings, and the business contact email you give us or that we find on the site’s own domain.

A starting point, not legal advice. The generated page can miss things the site does that we cannot see: tools added inside a tag manager, offline uses of the information, services you use outside the website, and anything your business does with the data afterwards. You must review it and keep the business details correct. You remain responsible for your privacy policy and for how your business handles personal information. The page is no statement that the site meets any law, and nothing we provide is legal advice. If in doubt, ask a lawyer.

Your own policy wins. If the site already has a published privacy page, we never change it: ours waits as a draft until you choose to use it. While the switch is on we may update our page whenever what we detect changes; the date on the page moves only when its text does. If someone unpublishes our page in WordPress we leave it unpublished until you ask for it back. Turning the switch off, or turning cookie consent off, unpublishes our page (if you have not edited it) and puts back the privacy page the site had before. If the site leaves us, the page stays as plain text that you then maintain.

Form Protection

Where form protection is turned on for a site, we add a small file of our own that inspects, on the site itself, every submission to the site’s forms (Gravity Forms, Contact Form 7, Elementor Pro, WPForms, Fluent Forms, Ninja Forms, and Formidable) and its comments: a hidden field, a small script that checks that a real browser filled the form in (it sets a short-lived functional cookie, tsf_proof, when a visitor interacts with a page), and the content itself (links, wording, the sender’s email domain, repeats). Submissions the filter cannot decide on are sent to our AI provider, Anthropic, for a spam check: the text of the fields only, with email addresses and phone numbers masked and no IP address. We keep the verdict and what the check cost us, not the content. If that check fails or is slow, the submission goes through. People logged in to the site as editors are never checked.

Held submissions. A blocked submission is not deleted. It is kept in the site’s own database for 30 days, where a site administrator can review it in the portal and deliver any that are real; delivering one also allows that sender in future. Gravity Forms also keeps its own spam entries. Turning the tool off removes the filter at once; submissions already held stay on the site until they age out after 30 days.

Watching. We also watch the forms: daily submission counts per form, email errors the site reports, and a daily check that the pages carrying forms still show them. When something looks broken we are alerted and the site’s card says so. “Send test” sends one clearly labelled email through the site’s own mailer to an address you choose; we never submit test entries into your forms.

No guarantee. No spam filter is perfect. Some spam will get through, and now and then a real message will be held. You are responsible for reviewing held submissions regularly, especially when a message you expected did not arrive. Form protection reduces spam and helps catch a broken form sooner; it does not guarantee that every message is delivered, that every form keeps working, or that all spam is stopped, and you remain responsible for how your site collects and uses the information visitors submit through it.

Database Cleanup

Where database cleanup is turned on for a site, once a week, and whenever a site administrator presses Clean now, we remove from the site’s WordPress database only the following: expired transients (temporary saved values past their expiry); post and page revisions beyond the newest ten of each post, and only revisions older than 30 days; auto-drafts older than seven days; posts and pages that have been in the trash for more than 30 days (longer where the site keeps its trash longer); spam and trashed comments older than 30 days; and leftover data rows whose post, comment, or category no longer exists. Nothing else is changed. We do not touch settings or autoloaded options, users, orders, form entries, logs, media files, or any plugin’s own tables, and we do not optimize or alter tables. The portal reports autoloaded options as information only. On a WordPress multisite network, the tool covers every site in the network and the network’s own expired temporary data, with one backup of all affected tables taken before anything is removed.

Copies before removal. Before anything is removed, we save a compressed copy of the affected tables in a private folder on the site’s own server, outside the public website, keep it for seven days, and then delete it. If the server is low on disk space or the copy fails, nothing is removed that time. Within those seven days we can restore specific items from the copy when you ask. Removed revisions, drafts, trashed posts, and comments cannot be recovered once their copy has been deleted. That copy lives on the same server as the site and is not one of the backups described in Section 10.

No guarantee. The cleanup tidies the database; it does not guarantee a faster site, and the database’s reported size may not shrink right away. Turning the tool off stops the weekly cleanup; copies already taken are still deleted after their seven days. When a site leaves us the cleanup ends and those copies are deleted.

Broken Links & 404s

Where broken links & 404s is turned on for a site, we add a small file of our own that counts requests for addresses that do not exist on the site (404s): the address, how often and when it was requested, and the address of the page that linked to it. It never records visitors’ IP addresses, browsers, or anything they typed into a form; the log stays in the site’s own database and is pruned after 120 days. Once a week, and when a site administrator presses Scan now, we read up to 200 of the site’s public pages as an anonymous visitor and check where their links and images lead, including links to other websites. Pages behind a login, carts, checkouts, and account pages are never requested.

Recommendations are suggestions. We match each broken address to pages that exist on the site now, sometimes with the help of an AI model that sees only the addresses, page titles, and the text of the links that pointed there. Nothing changes on the site until you, or someone you have given access, presses a button for it, and you are responsible for the redirects and link fixes you approve.

Redirects and fixes. A redirect we add only ever answers an address that would otherwise be a 404, so it cannot hide a live page. It is permanent (301) unless you choose “gone” (410). Search engines and browsers remember permanent redirects, so removing one later may take time to be noticed everywhere. “Fix link” changes a link’s address, exactly, in the pages, posts, menus, and Elementor layouts where it appears, and nothing else; WordPress keeps a revision of each page first, and you can undo a fix from the portal while the page has not been edited since (after that, restore the revision in WordPress). Links inside other page builders and theme files are not edited; a redirect is offered instead. Missing files that the web server answers itself, such as an image or PDF under the uploads folder, never reach WordPress and cannot be redirected this way. Other redirect plugins on the site run first and are only reported.

No guarantee. We do not guarantee that a scan finds every broken link, that a search engine honours a redirect, or any effect on rankings or traffic. Turning the tool off removes our file, so our redirects stop working; the redirects you made stay listed in the portal and the 404 log stays on the site. If the site leaves us, we give you your redirects as a file you can import into another redirect plugin.

AI Edits

Where AI edits is turned on for a site, the portal offers a chat that proposes small changes to the site’s existing content: swapping text, swapping an image or its alt text, and pointing a link at another page of the same site. That covers pages and posts, Elementor header, footer, and popup templates, navigation menu labels and links, widget text, the site title and tagline, and plain-text theme settings. It cannot create or delete pages or menu items, or change layout, design, code, forms, plugins, other settings, or shop products; those stay with our team. Those limits are enforced by our software, not only by instructions to the AI model.

You publish, and what you publish is yours. The AI can misunderstand a request or get a detail wrong. Nothing changes on the site until you review the preview and click Apply, and you are responsible for what you choose to publish, including its accuracy, any claim it makes, and your right to use any text or image you add. Every applied edit keeps our own copy of what it replaced, and an edit to a page, post or template also saves a WordPress revision; you can undo it from the portal for 30 days, as long as that part of the site has not been edited again since. Undo is your remedy for an edit you published and no longer want.

Your data and the AI provider. To do this, the chat sends what you write, the images you attach, and the content of the pages it reads to our AI provider, Anthropic, which processes them on our behalf. We keep the chats, proposals, and images for 90 days so our team can review them, then delete them. Our Privacy Policy has the detail.

Limits. Each site includes a monthly number of applied edits and chat messages, reset on the first of each month (UTC); undo is free; once the limit is reached you can ask us for more. We may decline requests that are unlawful, deceptive, or abusive, and may turn AI edits off for a site where it is misused. We may change the AI model behind the chat, or the kinds of edits it offers, at any time.

10. Backups and Data Loss

We maintain backups on the schedule published for your plan and use them to restore sites after failures, incidents, and mistakes. Backups are a recovery tool, not a guarantee.

A restore returns your site to an earlier point in time. Data created between that point and the restore — orders, form submissions, comments, uploads, content edits — may not be recoverable.
A backup may itself contain a compromise that was present but undetected when it was taken. Where that is the case we restore from the most recent clean copy available, which may be older.
We are not responsible for content, files, or data that you or a user of your site deletes, overwrites, or corrupts, or for a restore you request that overwrites newer work.
If your site holds transactional data whose loss you could not absorb — e-commerce orders, bookings, lead submissions — you are responsible for exporting or syncing that data to a system you control. A WordPress site should not be the only system of record for data your business cannot afford to lose a day of.

11. Uptime, Downtime, and Service Credits

Our uptime commitment, how downtime is measured, what is excluded from that measurement, and the credits available if we miss it are set out in our Service Level Agreement, which forms part of these Legal Terms. Service credits under the SLA are your sole and exclusive remedy for any failure to meet the Uptime Guarantee.

Downtime arising from anything in Section 7, from a security incident described in Section 8, from the failure of a third-party service we do not operate, or from events outside our reasonable control is excluded from the Uptime Guarantee and does not generate a credit.

12. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason.

13. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado.

14. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE LEGAL TERMS AND IN OUR SLA, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that every defect will be corrected; that your site will be free of malware or other harmful components; or that the Services will produce any particular business result, including any level of traffic, search ranking, conversion, or revenue.

The optional site tools described in Section 9 are provided on the same basis. In particular, we do not warrant that two-factor login prevents unauthorized access to your site; that the cookie consent banner, however it is configured, or a privacy policy page we generate, satisfies any privacy, data-protection, cookie, or marketing law, or that the generated page describes everything your site does; that form protection stops all spam, holds no genuine message, or delivers every message; that a database cleanup makes a site faster or that a copy it saved can be restored after its seven days; that a link scan finds every broken link or that any search engine honours a redirect; that structured data produces any search result; or that text or images proposed by AI edits are accurate, complete, or free of third-party rights. Nothing we provide is legal advice.

WordPress core, plugins, themes, and other third-party software are licensed to you by their own authors under their own terms. We do not author, control, or warrant that software, its security, or its continued availability. A plugin or theme may be abandoned, broken by an update, or found to contain a vulnerability at any time, and that is a property of the WordPress ecosystem rather than a defect in our Services.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR INFRASTRUCTURE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, THE COST OF SUBSTITUTE SERVICES, OR THE LOSS, CORRUPTION, OR UNAUTHORIZED DISCLOSURE OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, UNDER ANY THEORY — CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE — WILL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID US DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $2,000.00 USD.

These limits apply even if a remedy stated in these Legal Terms is found to have failed of its essential purpose. You acknowledge that the fees charged for the Services reflect this allocation of risk, that the Services would be priced materially differently without it, and that this allocation is a basic element of the agreement between us. Nothing in this section limits liability that cannot be limited under applicable law.

16. Indemnification

You agree to defend, indemnify, and hold harmless TopSyde, Tamer Designs, and their officers, employees, contractors, and infrastructure providers from and against any claim, demand, loss, liability, damage, penalty, or expense (including reasonable attorneys’ fees) arising out of or relating to:

Content published on your site, including any claim of infringement, defamation, false advertising, or regulatory violation.
Any plugin, theme, script, or custom code you installed or directed us to install, and any change you made to your site.
Your breach of these Legal Terms, including the Prohibited Activities and Prohibited Website Content sections above, or of an upstream provider’s acceptable use policy.
Your violation of any law or the rights of any third party, including privacy, data protection, consumer protection, and intellectual property law.
A security incident originating from your credentials, your devices, or a person you granted access to.
Any claim brought by your own customers, users, or site visitors relating to your site, your products, or your handling of their data.
Any claim, complaint, investigation, fine, or penalty relating to cookies, tracking technologies, consent, or privacy on your site, including the way the cookie consent banner was configured, used, or not used, the services it did or did not hold back, and the content of your privacy and cookie policies.
A lockout, loss of access, or unauthorized access connected with two-factor login, including a lost device or backup code, a compromised email account or phone number used to receive codes, or a reset requested by a person you authorized or who controlled your account email.
The content of a privacy policy page we generated for your site, including anything it omitted or described inaccurately, once you adopted it, published it, or left it published, and any claim, complaint, investigation, fine, or penalty about your site’s privacy practices that it describes or should have described.
Any redirect, link fix, or other content change you approved from the broken links & 404s tool, and any edit you published through AI edits, including its accuracy, the claims it makes, and the rights in any text or image you supplied for it.
A form submission held, delayed, or missed by form protection, a form that stopped working or a message that did not arrive, any business lost in consequence, and the way your site collects and uses the information visitors submit through it.

We will notify you of any claim subject to this section, and you may control its defense with counsel reasonably acceptable to us. We may participate in that defense at our own expense. You may not settle a claim in a way that imposes an obligation on us or admits fault on our part without our prior written consent.

17. Contact Us

In order to resolve a complaint regarding the Services, please contact us at:

Tamer Designs
PO Box 270545
Littleton, CO 80127
United States
Phone: 720-803-4053
hello@topsyde.com