Terms and Conditions

Effective and last updated October 6, 2026

These Terms and Conditions ("Terms") govern your use of amypavia.com and any services Amy Pavia provides.

1. Agreement to These Terms

These Terms are a legally binding agreement between you and Amy Pavia, an individual based in Rhode Island ("Amy Pavia," "we," "us," or "our"). They cover your use of amypavia.com (the "Site"), any message you send us, and any design, hosting, care, or related services we provide (the "Services"). Our Privacy Policy is part of these Terms. You accept these Terms by using the Site, checking the agreement box on our contact form, or requesting, approving, or paying for any Services. If you do not agree, do not use the Site or the Services.

Please read these Terms carefully. They disclaim warranties, limit our liability, require you to indemnify us, and require disputes to be brought individually, without a jury, in Rhode Island courts within one year.

2. Eligibility

You must be at least 18 years old and able to form a binding contract. If you act for a business or other organization, you represent that you have authority to bind it, and "you" includes that organization. The Site is operated from Rhode Island and intended for people in the United States.

3. Use of the Site and Prohibited Conduct

You may use the Site only for lawful purposes. You agree not to:

• use the Site for any unlawful, fraudulent, or harmful purpose, or to harass, threaten, or abuse anyone;
• submit false information, impersonate anyone, submit another person's information without permission, or send spam, advertising, or bulk messages through the contact form;
• use bots or other automated means to access the Site or submit forms, or bypass any security or anti-spam measure, including hidden form fields;
• introduce malware, test the Site's security, attempt unauthorized access, or overload or disrupt the Site or its hosting systems; or
• copy, frame, mirror, or republish the Site or its content, except that search engines and AI search and answer services may crawl, index, summarize, and link to it.

4. Informational Content Only; No Advice or Relationship

Everything on the Site is general information only. It is not legal, financial, tax, or real estate advice, and you should not rely on it as such; consult a qualified, licensed professional about your situation. Site content may be incomplete or out of date, and we have no duty to update it.

The Site describes Amy Pavia's real estate background, but it does not offer real estate services, including condominium and HOA management, and does not give real estate advice. Using the Site or sending us a message does not create an agency, brokerage, client, fiduciary, or other professional relationship. Any real estate services are provided only under a separate written agreement, with any disclosures required by law, and never through the Site. Any mention of tools in development is not a promise about whether, when, or with what features anything will be released.

5. Inquiries and Communications

Sending a message does not obligate us to respond, accept a project, or provide any service, and we may decline any inquiry for any lawful reason. Messages can be delayed, lost, or filtered as spam, and we are not responsible for messages we do not receive. Please do not send sensitive information, such as Social Security, financial account, or health information. Unless we agree otherwise in writing, what you send is not confidential, although we handle personal information as described in our Privacy Policy.

Calls and text messages. If you check the optional box agreeing to receive calls or text messages from Amy Pavia, you agree that we may call or text you at the number you provide about your inquiry and the services you request. If you leave it unchecked, we will reply by email.

• Messages are conversational and service-related only. No marketing or promotional text messages will be sent.
• Message frequency varies. Message and data rates may apply.
• Reply STOP to opt out of text messages; you may receive one message confirming your opt-out. Reply HELP for help, or use the contact form.
• Carriers are not liable for delayed or undelivered messages.
• Consent to calls or texts is not a condition of any purchase.

You may also withdraw consent at any time by any reasonable means, including the contact form. You represent that the number you provide is yours or that you are authorized to use it, and you will tell us promptly if that changes.

6. Website and Logo Design Services

6.1 Proposals. Each project is also governed by the written proposal, quote, or invoice we provide for it (a "Proposal"). The Proposal controls the project's scope, deliverables, fees, and any hosting and care; these Terms control everything else and apply to all Services unless a written agreement signed by Amy Pavia expressly says otherwise. We do not build online stores, and we consider larger projects case by case. Timelines are estimates, and your delays extend them. Work outside the Proposal, including extra revisions, may be billed separately.

6.2 Your Responsibilities. You are solely responsible for:

• the text, images, and other materials you provide ("Client Materials"), their accuracy, and all licenses and permissions they require;
• your site's and business's compliance with all laws, including accessibility laws (such as the Americans with Disabilities Act) and privacy, consumer protection, advertising, and messaging laws;
• your site's legal pages, such as privacy policies and terms (we do not give legal advice, and any such text we add is only a starting point for your own attorney to review);
• keeping backups of your content and data; and
• keeping your domains, accounts, and passwords current and secure, unless your Proposal assigns that task to us.

We do not guarantee that any site meets any accessibility standard, such as WCAG, or complies with any law.

6.3 AI-Assisted Work and Your Approval. We use AI-assisted tools, which can produce output that is wrong, incomplete, or similar to existing material. You must review and test everything we deliver, including all text, contact details, links, and forms, before approving or publishing it, and you are responsible for anything you approve or publish. A deliverable is accepted when you first approve, publish, or use it, or ten (10) days after delivery if you have not reported a specific defect in writing by then. If a deliverable materially fails to match the Proposal and you tell us before acceptance, our only obligation, and your only remedy, is for us to correct it or, at our option, refund the fees paid for it.

6.4 Logos. We do not guarantee that any logo, name, or design element is available for use, registrable as a trademark, unique, or free of conflict with others' rights, or that any AI-assisted element can be protected by copyright. Trademark searches, clearance, and registration are your responsibility; consult a trademark attorney before using or registering a logo.

6.5 No Guaranteed Results. We do not guarantee search engine rankings, traffic, leads, sales, or any other business result.

6.6 Handover, Hosting, and Care. After the build, you may take the site over, or we may host and care for it for a monthly fee, as your Proposal describes. After handover, you alone are responsible for the site, including its hosting, domains, updates, security, and backups. Sites we build run on third-party platforms (for example, Netlify for hosting and GoDaddy for domain names) and may rely on other third-party services, whose terms you agree to follow. We do not guarantee uptime or availability, and we are not responsible for:

• third-party outages, errors, or maintenance, changes to third-party features, terms, or prices, or a provider's suspension or discontinuation of any account or service;
• loss or corruption of data;
• emails or form submissions that fail, are delayed, or are filtered as spam; or
• hacking, malware, or other security incidents.

If a provider changes its prices or terms, we may adjust your monthly fee or services after notice to you, even if your Proposal says otherwise.

6.7 Payment, Suspension, and Ending Services. You agree to pay all fees in your Proposal or invoice when due, plus any taxes and third-party costs it does not include. Except as these Terms state otherwise, and to the extent permitted by law, all fees, including any deposits, are non-refundable. If any amount is past due, we may, after notice to you, pause work, withhold deliverables, and suspend hosting and care (which may take your site offline) until it is paid, and you will pay our reasonable costs of collection, including attorneys' fees, to the extent permitted by law.

Either you or we may end monthly hosting and care with thirty (30) days' written notice, and fees for the notice period remain payable. We may also suspend or terminate any Services at our discretion. If we end Services for reasons other than your breach or nonpayment, our only obligation is to refund prepaid fees for work not yet performed or for the unused part of a prepaid period. Where practical, we will give notice before hosting ends, and if your account is paid in full, we will reasonably help transfer your site files. We need not keep any files or data afterward.

6.8 Ownership. We keep all rights in our pre-existing and independently developed materials, including our tools, templates, code, and know-how ("Our Materials"), and in drafts and concepts you do not select. After we receive full payment, we transfer to you whatever rights we have in the final, approved deliverables made for you, excluding Our Materials and third-party materials, and grant you a non-exclusive, perpetual license, transferable with those deliverables, to use Our Materials as incorporated in them. Third-party materials, such as fonts and stock images, remain subject to their own licenses. Until we receive full payment, we own all deliverables, and any permission to use them is revocable.

6.9 Portfolio and Credit. We may display the work we create for you, including screenshots, your business name and logo as they appear in it, and links to your site, in our portfolio and other promotional materials, during and after the project, except information you have identified to us in writing as confidential. We may place a credit such as "Website designed by Amy Pavia," linking to amypavia.com, in the footer of sites we build, and you agree to keep it in place unless we agree otherwise in writing.

6.10 Your Warranties and License to Us. You represent and warrant that (a) you have all rights and permissions needed for the Client Materials, including the consent of anyone shown or named in them; (b) the Client Materials, your site content, and your products and services are accurate and lawful and do not infringe or violate anyone's rights; and (c) you have authority to agree to these Terms and your Proposal. You grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, and display the Client Materials to perform the Services, including through AI-assisted tools and third-party platforms, and for the portfolio uses above. Do not give us confidential information or other people's personal information unless your project requires it.

7. Intellectual Property

The Site and its content belong to Amy Pavia or her licensors and are protected by copyright, trademark, and other laws. You may view the Site for your own informational use, but you may not copy, modify, distribute, or create derivative works from its content, or use Amy Pavia's name, image, or logo, without our written permission. We may freely use any feedback or ideas you send us.

8. Third-Party Links and Services

The Site, and the sites we build, may link to or rely on third-party websites and services that we do not control. We are not responsible for their content, availability, security, privacy practices, or terms, and a link is not an endorsement.

9. Disclaimer of Warranties

THE SITE, ITS CONTENT, THE SERVICES, AND ALL DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AMY PAVIA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND WORKMANLIKE PERFORMANCE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AMY PAVIA DOES NOT WARRANT THAT THE SITE, ANY SERVICE OR DELIVERABLE, OR ANY WEBSITE, HOSTING, EMAIL, OR FORM WILL BE AVAILABLE, UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT ANY CONTENT OR AI-ASSISTED OUTPUT WILL BE ACCURATE, COMPLETE, OR ORIGINAL; OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, CREATES ANY WARRANTY. YOU ACKNOWLEDGE THAT AI TOOLS AND THE INTERNET ARE INHERENTLY UNPREDICTABLE, THAT SOMETHING THAT WORKS ONE MOMENT MAY NOT WORK THE NEXT, AND THAT YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK.

Any warranty that cannot be excluded is limited to the narrowest scope and shortest period the law allows.

10. Limitation of Liability

In these Terms, "Protected Parties" means Amy Pavia and her contractors, agents, successors, and assigns, each of whom may enforce the protections in these Terms.

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NO PROTECTED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, GOODWILL, OR DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, ANY DELIVERABLE, OR THESE TERMS; AND (B) THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES FOR ALL CLAIMS RELATING TO THE SITE, THE SERVICES, ANY DELIVERABLE, OR THESE TERMS WILL NOT EXCEED THE FEES YOU ACTUALLY PAID AMY PAVIA FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US $100) IF YOU PAID NO SUCH FEES. THESE LIMITATIONS APPLY UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND STATUTE, EVEN IF A PROTECTED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Our fees reflect this allocation of risk. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited; where the law restricts these limitations, they apply to the fullest extent it allows.

11. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Protected Parties from all third-party claims, including claims by government authorities, and all related losses, liabilities, settlements, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Site or the Services, or any information you submit, including any phone number;
• your Client Materials, and any website, logo, or other deliverable once you approve, publish, use, or take it over;
• your business, products, and services, and your dealings with customers and others; or
• your breach of these Terms or a Proposal, or your violation of any law or third-party right, including accessibility, privacy, and intellectual property laws and rights.

This applies even if a claim also alleges negligence or other fault by a Protected Party, except to the extent a court finally determines that the loss was caused by that Protected Party's fraud, gross negligence, or willful misconduct. We may control the defense of any matter at your expense, with counsel we choose, and you will cooperate fully. You may not settle any matter without our written consent.

12. Release

To the fullest extent permitted by law, you release the Protected Parties from all claims, known or unknown, arising out of or relating to (a) any dispute between you and a third party, including any platform, provider, carrier, or user of your site; (b) any outage, error, failure, change, or discontinuation of the internet, any third-party platform or service, or any AI tool; or (c) any content, deliverable, or decision that you provided, approved, or published. This release does not apply to claims that cannot be released by law.

13. Force Majeure

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, government action, power or internet outages, outages or failures of hosting, email, messaging, or other third-party platforms, cyberattacks, changes to or discontinuation of AI models, AI tools, or third-party platforms, and illness, injury, or emergencies affecting Amy Pavia. This Section does not excuse any payment you owe.

14. Suspension and Termination

We may suspend or end your access to the Site at any time, for any lawful reason, with or without notice, and may change or discontinue the Site without liability. Services may be suspended or ended under Section 6.7. Termination does not affect amounts you owe or rights and obligations that arose earlier.

15. Dispute Resolution

15.1 Notice and Informal Resolution. Before either party files a legal action about any dispute arising out of or relating to these Terms, the Site, or the Services (a "Dispute"), that party must send the other a written notice describing the Dispute and the relief requested. The parties must then try in good faith to resolve the Dispute informally for thirty (30) days after the notice is received. Notices to us must be sent through the contact form; we may send notices to you at the email address you gave us. Filing deadlines are paused during this 30-day period. This step does not apply to urgent requests for injunctive relief.

15.2 Courts. Any Dispute not resolved informally must be brought exclusively in the state or federal courts located in Rhode Island. Either party may instead bring an individual claim in a Rhode Island small claims court if the claim qualifies. You and we consent to these courts' personal jurisdiction and waive any objection to venue there, including inconvenient forum.

15.3 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AMY PAVIA EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE.

15.4 CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AMY PAVIA EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN SUCH AN ACTION AGAINST AMY PAVIA.

15.5 One-Year Deadline. To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the Site, or the Services must be filed within one (1) year after it accrues, or it is permanently barred.

16. Governing Law

These Terms and any Dispute are governed by the laws of the State of Rhode Island, without regard to its conflict-of-laws rules, and by applicable federal law of the United States.

17. Changes to These Terms

We may change these Terms by posting an updated version on the Site with a new effective date. Changes apply only going forward and not to any Dispute that arose before the change; for Services already underway, they apply from your next Proposal or invoice unless you agree sooner. If you keep using the Site or the Services after a change, you accept the updated Terms.

18. General Terms

• Entire agreement. These Terms, the Privacy Policy, and any Proposal are our entire agreement on their subject and supersede all prior understandings, except for any signed agreement under Section 6.1. You have not relied on any promise or statement not contained in them.
• Severability. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and modified only as needed to make it enforceable, and the rest of these Terms will remain in effect. Each disclaimer, limitation, waiver, release, and indemnity is separate and independent and applies even if another fails.
• No waiver. A failure or delay in enforcing any provision is not a waiver. Any waiver must be in writing and signed by Amy Pavia.
• Assignment. You may not assign these Terms without our written consent; any attempt to do so is void. We may assign them without your consent.
• Notices and electronic communications. Notices to us must be sent through the contact form and are effective when received; we may notify you by email or by posting on the Site. Electronic notices, agreements, approvals, and signatures satisfy any requirement of a writing or signature.
• Survival. Provisions that by their nature should survive, including those on payment, ownership, portfolio use, disclaimers, liability, indemnification, release, and disputes, survive termination.
• Headings and interpretation. Headings are for convenience only, "including" means "including without limitation," and these Terms will not be construed against the drafter.

19. Contact

If you have questions about these Terms or need to send us a notice, please use our contact form.