Terms of Use

Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Mortar CMS ("Company," "we," "us," or "our") regarding your use of the Mortar CMS website located at mortarcms.com and our content management platform services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Acceptance of Terms

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

You must be at least 18 years old to use our Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Description of Service

Mortar CMS provides a cloud-based content management platform that allows users to:

• Create and manage websites and digital content
• Integrate with third-party analytics and social media services
• Manage custom domains and hosting configurations
• Access analytics and performance metrics
• Collaborate with team members on content creation

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

User Accounts and Registration

Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

Account Termination

You may terminate your account at any time. We may suspend or terminate your account if you violate these Terms or engage in activities that harm our Service or other users.

Acceptable Use Policy

Permitted Uses

You may use our Service for lawful business and personal purposes, including:

• Creating and publishing websites and content
• Managing digital marketing campaigns
• Analyzing website performance and user engagement
• Collaborating with team members on projects

Prohibited Uses

You agree not to use our Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload, publish, or distribute illegal, harmful, or offensive content
• Engage in spam, phishing, or other deceptive practices
• Distribute malware, viruses, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use the Service for competitive analysis or to build competing products
• Violate intellectual property rights of others
• Engage in harassment, abuse, or discrimination
• Publish content that infringes on privacy rights

Content and Intellectual Property

Your Content

You retain ownership of all content you create, upload, or publish through our Service ("Your Content"). By using our Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and display Your Content as necessary to provide the Service
• Make backups and copies for security and operational purposes
• Analyze Your Content to improve our Service (in aggregated, anonymized form)

Our Intellectual Property

The Service, including its design, functionality, and underlying technology, is owned by Mortar CMS and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of our Service
• Reverse engineer or attempt to extract source code
• Remove or alter proprietary notices or branding
• Use our trademarks without written permission

DMCA and Copyright

We respect intellectual property rights and respond to valid DMCA takedown notices. If you believe your copyright has been infringed, please contact us at compliance@mortarcms.com with detailed information about the alleged infringement.

Payment Terms and Billing

Subscription Plans

Our Service is offered through various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay all applicable fees.

Billing and Payments

• Subscription fees are billed in advance on a recurring basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees
• You are responsible for keeping payment information current
• We may suspend your account for non-payment after notice

Price Changes

We may change our pricing at any time. For existing subscribers, price changes will take effect at the next billing cycle after 30 days' notice.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

California Consumer Privacy Act (CCPA)

California residents have specific rights under the CCPA, including the right to know what personal information we collect and the right to delete personal information. For more details, see our Privacy Policy.

Data Subject Rights

If you are located in the European Economic Area or other jurisdictions with data protection laws, you may have additional rights regarding your personal data, including:

• Right to access your personal data
• Right to rectify inaccurate data
• Right to erasure ("Right to be Forgotten")
• Right to restrict processing
• Right to data portability

Third-Party Services and Integrations

Our Service may integrate with third-party services (such as Google Analytics, social media platforms, and payment processors). Your use of these services is subject to their respective terms and privacy policies.

We are not responsible for the practices or content of third-party services. You should review their terms and privacy policies before connecting them to your account.

Disclaimers and Limitations

Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. The Service is provided "as is" and "as available" without warranties of any kind.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL MORTAR CMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.

Indemnification

You agree to indemnify and hold harmless Mortar CMS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may bring claims in small claims court if they qualify.

California Residents

California residents may report complaints to the California Department of Consumer Affairs Consumer Information Division at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254.

Changes to Terms

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be communicated via email or through the Service.

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service.

Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mortar CMS regarding the Service.

Contact Information

If you have questions about these Terms, please contact us: