Terms of service

Definitions

In these terms of service, the following terms have the meanings set out below:

• Service Provider: Babylon Optima B.V., a private limited liability company incorporated under Dutch law, operating the GrabYourSite platform at grabyoursite.com.
• Client: Any natural person or legal entity that uses the Service, requests a preview, or purchases a Product.
• Service: The AI-powered website design, generation, and (where applicable) hosting services offered through grabyoursite.com.
• Product: The one-pager website (HTML file) created by the Service for the Client, including all associated design, copy, and code.
• Preview: A non-final version of the Product made available to the Client free of charge for evaluation purposes, prior to any payment obligation.
• Design Pakket: The Service's product offering in which the Client receives the completed HTML file for self-hosting, for a one-time fee of EUR 495.
• Agreement: The contract between the Service Provider and the Client, formed upon the Client's completion of a payment for a Product.

Scope and applicability

These terms of service apply to all offers, agreements, and services provided by Babylon Optima B.V. through grabyoursite.com. By using the Service or purchasing a Product, the Client agrees to be bound by these terms.

Any deviations from these terms are only valid if expressly agreed upon in writing by the Service Provider. The Client's own general terms and conditions are explicitly rejected unless accepted in writing by the Service Provider.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original.

Service description

GrabYourSite uses artificial intelligence to research local businesses and generate custom one-pager websites. The Service operates on a "see first, pay later" model: the Client receives a free Preview of their website before any payment obligation arises.

The Service generates website content based on publicly available information, including but not limited to the Client's existing website, Google Business profile, and public reviews. The Service Provider does not fabricate or invent business information such as menu items, prices, opening hours, or reviews.

The Service Provider offers a single product:

• Design Pakket: The Client receives a completed HTML file delivered via email. The Client is responsible for their own hosting, domain, and technical setup.

The Service Provider reserves the right to modify features and functionality of the Service, provided that such modifications do not materially reduce the core functionality previously delivered to existing Clients.

Pricing and payment

All prices are stated in euros (EUR) and are inclusive of VAT where applicable under Dutch law. The current price is:

• Design Pakket: EUR 495 one-time payment.

All payments are processed securely through Stripe. The Service Provider does not store credit card details. By making a payment, the Client agrees to Stripe's terms of service in addition to these terms.

The Service Provider reserves the right to adjust pricing for new Clients. Any price change applies only to new Agreements entered into after the change takes effect and does not affect Products already delivered.

Intellectual property

Upon full payment of the applicable fees, the Client receives a non-exclusive, perpetual license to use the delivered Product for their business purposes. This includes the right to publish, modify, and distribute the HTML file and its contents.

The underlying technology, AI models, design system, templates, and code frameworks used to generate Products remain the exclusive intellectual property of Babylon Optima B.V. The license granted to the Client does not extend to these underlying systems.

The Client warrants that any materials, logos, images, or text they provide to the Service Provider for inclusion in the Product do not infringe upon the intellectual property rights of third parties. The Client indemnifies the Service Provider against any claims arising from such materials.

The Service Provider may display the Product in its portfolio, case studies, or marketing materials unless the Client explicitly requests otherwise in writing.

Delivery

Previews are typically delivered within 24 hours of the Service Provider identifying the Client's business, though this timeframe is indicative and not a binding deadline.

The completed HTML file is delivered via email within a reasonable time after payment confirmation, typically within minutes.

Email is the primary communication channel for all delivery and support matters. The Service Provider communicates via email and by phone where appropriate, and does not offer round-the-clock phone support.

Cancellation and refunds

The Service operates on a "see first, pay later" basis. No payment is required to receive a Preview. If the Client does not wish to proceed after viewing the Preview, no payment is due and no further obligation exists on either side.

Because the Product is a digital good delivered immediately upon payment, the Client waives the right of withdrawal under Article 6:230p of the Dutch Civil Code (implementing Directive 2011/83/EU) once the HTML file has been delivered. The Client consents to immediate delivery and acknowledges that this waives the 14-day cooling-off period for distance contracts.

The Service Provider may terminate the Agreement with immediate effect if the Client breaches these terms, uses the Service for illegal purposes, or fails to pay outstanding invoices within 30 days of a written reminder.

Liability

The Service Provider's total aggregate liability arising out of or in connection with the Agreement shall not exceed the total amount paid by the Client to the Service Provider in the 12 months preceding the event giving rise to the claim.

The Service Provider shall not be liable for indirect damages, including but not limited to consequential damages, loss of profit, loss of data, loss of goodwill, business interruption, or damages arising from third-party claims.

The Service Provider makes no guarantees regarding search engine rankings, conversion rates, or specific business outcomes resulting from the use of the Product. The Product is a website design service, not a marketing performance guarantee.

The Client is responsible for reviewing the Product for factual accuracy before publication. While the Service Provider does not fabricate information, automated data collection may occasionally result in incomplete or outdated information. The Service Provider is not liable for inaccuracies in publicly sourced data.

Force majeure

The Service Provider shall not be liable for any failure or delay in performing its obligations under the Agreement where such failure or delay results from circumstances beyond the Service Provider's reasonable control (force majeure).

Force majeure events include, but are not limited to: natural disasters, epidemics, government actions or restrictions, failures of third-party service providers (including cloud infrastructure, AI model providers, payment processors, and domain registrars), internet outages, cyberattacks, power failures, war, terrorism, and labor disputes.

If a force majeure event continues for more than 60 consecutive days, either party may terminate the Agreement by written notice. In such case, the Service Provider shall refund any prepaid fees for services not yet delivered, calculated on a pro-rata basis.

Amendments

The Service Provider reserves the right to amend these terms of service at any time. Amended terms will be published on grabyoursite.com/terms.html with an updated "last updated" date. Amendments apply only to Agreements entered into after the amended terms take effect.

If a Client with an active subscription does not agree with the amended terms, they may cancel their subscription before the new terms take effect, in accordance with Article 7 of these terms.

Governing law and disputes

These terms and any Agreement between the Service Provider and the Client are governed exclusively by the laws of the Netherlands.

Any disputes arising from or in connection with these terms or the Agreement shall first be attempted to be resolved amicably through direct communication between the parties.

If an amicable resolution cannot be reached within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the competent court in the district where Babylon Optima B.V. is registered.

For consumers residing in the European Union, nothing in these terms affects mandatory consumer protection rights under applicable EU law, including the right to bring proceedings in the courts of the Member State in which the consumer is domiciled.

Contact

For questions about these terms of service, reach out to:

• Company: Babylon Optima B.V.
• Email: info@grabyoursite.com
• Website: grabyoursite.com
• Country: The Netherlands

Expect a response within two business days.