Terms of Service

Last updated: June 1, 2026 Effective date: June 1, 2026

Looking for a general overview of our Terms of Service? Visit our FAQ page or reach out if you have questions!

These Terms apply to all clients who sign up for Services on or after the effective date above. Clients who signed up before the effective date remain governed by the version of our Terms of Service in effect at the time they signed up, a copy of which is available here, unless and until they begin a new engagement or move to a new package or plan, at which point these Terms apply.

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the True Mtn website, customer portal, and services (collectively, the “Website” and “Services”) operated by True Mtn, LLC, a Limited Liability Company formed in Indiana, United States (“True Mtn,” “us,” “we,” “our”). These Terms contain important information about your rights, our services, and limitations of our liability. Your access to and use of the Website and Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to everyone who accesses or uses the Website and Services, including visitors, clients, and users. By signing up for any of our Services, you agree to these Terms. The person who signs up is treated as the authorized approver for the client, and confirms they have read, understood, and agreed to be bound by these Terms.

The Short Version (Plain-Language Summary)

This summary is provided for convenience only. It is not a substitute for the full Terms below, which govern in the event of any conflict.

We charge two fees, plainly named. A one-time Design & Development fee pays for the custom design and build of your website. A monthly Platform & Hosting subscription pays for the system that keeps your site online: hosting, security, backups, software licenses, weekly updates, and lead delivery.
You own your website. Once the Design & Development fee is paid in full, the design and build of your site belong to you. You can take a standard export at any time. Certain proprietary tools, source frameworks, and third-party licenses do not transfer (details below).
No long-term contract. The Platform & Hosting subscription is month-to-month. You may cancel with 30 days’ notice. There is no minimum term and no early-cancellation penalty on the subscription.
Financing has one condition. If you choose to pay the Design & Development fee in installments and you cancel before it is paid off, the remaining balance becomes due, because the fee pays for work already delivered.
Support is included free with every active Platform & Hosting plan.
Pay on time to stay online. If your account is 30 or more days past due, we may suspend your Services and take your website offline until you are paid up.
We make no guarantees about business results (traffic, rankings, sales, leads), and you are responsible for your own legal compliance (privacy, accessibility, and similar laws).

1. Definitions

“Design & Development” (or “D&D”) means the one-time, fixed-scope service of designing, building, configuring, and launching your website, as described in the proposal you accept at signup.

“Platform & Hosting” means the ongoing, monthly managed service that keeps your website operational, including hosting, security, backups, software updates, software licenses, lead delivery, monitoring, and support.

“Website” means the custom website we design and build for you under a Design & Development engagement.

“Add-On Services” means optional services we may offer from time to time that are billed separately or in addition to a base package, such as additional pages or content types, e-commerce or customer-portal functionality, content and SEO programs, advertising management, and similar services. The Add-On Services available, their scope, and their pricing may change at any time and are as set out on your proposal.

“Proposal” means the written quote or order we provide that states the package, scope, features, fees, and any Add-On Services that apply to your engagement.

2. Our Services and Fees

We provide custom-designed, custom-built websites delivered on our fully managed platform, along with related digital marketing services. Pricing is presented as two clearly separated fees:

One-time Design & Development fee — pays for custom design, custom build, content setup, premium licensed imagery, and launch.

Monthly Platform & Hosting fee — pays for the system that keeps your site alive: hosting, security, backups, software licenses, weekly updates, lead delivery, monitoring, and support.

We offer one or more service packages, which may include different levels of design, development, features, and managed services, as well as optional Add-On Services. Our packages, their contents, feature sets, and all pricing are determined by us, may differ between clients, and may be added to, changed, customized, or discontinued at any time. The specific package, scope, features, fees, and any Add-On Services that apply to you are those set out in the proposal you accept at signup, which controls your engagement. All amounts and pricing are governed solely by your accepted proposal and any later written agreement, not by these Terms. Unless stated otherwise on your proposal, prices include applicable taxes and fees.

3. Payment and Billing

When you make a payment, you will use a third-party payment processor, Stripe, which collects and processes your payment information. We are not responsible for the collection, use, sharing, or security of your billing information by Stripe. Accepted payment methods are those supported by our payment processor, which currently include Discover, MasterCard, and Visa.

You represent and warrant that you have the legal right to use the payment method(s) you provide and that all information you supply to us and to our payment processor is true, correct, and complete.

The monthly Platform & Hosting subscription begins at project kickoff (when your platform environment is provisioned), not at public launch. The platform is live and billable from day one of your engagement even though your site is not yet public.

Late payment, suspension, and reactivation. Timely payment of all fees is a condition of your continued access to the Services. If a payment fails or is not received by its due date, the amount is past due. If your account remains past due for thirty (30) days or more, we may, in our sole discretion and without further notice, suspend or disable some or all of your Services, including taking your website offline, until all past-due amounts (and any applicable reactivation fee) are paid in full. We may also suspend Services if a payment is reversed, charged back, or disputed.

While Services are suspended for non-payment: your website may be inaccessible to the public; your subscription fees continue to accrue and remain payable; managed services (including hosting, security, updates, backups, monitoring, and support) may pause; and we are not responsible for any loss of business, leads, sales, data, search rankings, or other harm resulting from the suspension. Suspension is in addition to, and not in place of, our other rights, including our right to cancel or terminate your account and to pursue collection of amounts owed.

We will restore suspended Services after all past-due amounts, and any applicable reactivation fee, have been paid in full and any failed payment method has been corrected. If your account remains past due beyond a period we determine in our sole discretion, we may terminate your account and the engagement, in which case the cancellation provisions in Section 7 apply (including, where applicable, acceleration of any outstanding Design & Development balance under Section 4).

Chargebacks and payment disputes. If you believe you have been billed in error, you agree to contact us first to resolve it. Initiating a chargeback, payment reversal, or bank dispute for Services that were provided or for amounts you legitimately owe is a breach of these Terms. In that event, we may immediately suspend or terminate your Services and account, and you agree to remain liable for the disputed amount, for any fees or costs we incur in responding to the dispute (including chargeback and processing fees), and for any costs of collection. We reserve the right to dispute and submit evidence in response to any chargeback.

4. Design & Development Fee and Financing

The Design & Development fee is a one-time fee for a fixed scope of work defined on your proposal. It is earned as the work is performed and is not contingent on the duration of your subscription.

Payment options. You may pay the Design & Development fee in full upfront, or, where we offer it, in equal monthly installments over a period stated on your proposal. The installment terms, including the number of installments and any related conditions, are as stated on your proposal.

Acceleration on cancellation. If you pay the Design & Development fee in installments and you cancel or stop your subscription before the fee is paid in full, the entire remaining balance of the Design & Development fee becomes immediately due and payable. This is because the fee pays for design and development work that has already been delivered to you, regardless of how long you remain a subscriber.

Ownership and financing. If you pay the Design & Development fee in full, you own the design and build of your website at launch. If you pay in installments, you own the design and build once the fee is paid in full. See Section 6 (Website Ownership and Intellectual Property) for the full ownership terms and exclusions.

5. Platform & Hosting Subscription

Your website runs on the True Mtn platform, provided as a monthly subscription. The Platform & Hosting subscription includes, depending on your package, the following managed services:

High-frequency cloud hosting tuned for WordPress
Cloudflare CDN and edge protection
SSL certificate management
Weekly updates to WordPress core, themes, and plugins
Daily backups stored in two locations
24/7 uptime monitoring
Security scanning and firewall protection
Spam filtering
Reliable email delivery for lead notifications
Lead-capture forms with instant email alerts
DIY editor and full WordPress access
A monthly Site Health Report
Site analytics and reporting
Software and plugin licenses required to operate your site
Free support (see Section 11)

Certain features (such as privacy and consent compliance tooling, SMS lead alerts, automation and CRM integration, advanced forms, blogging, and performance reporting) are included only with certain packages or as Add-On Services, as stated on your proposal.

These managed services run continuously and automatically each month, regardless of whether you request custom work in a given month. The monthly fee is for ongoing infrastructure, maintenance, licensing, and support, not for hourly custom work.

The platform is a subscription. The platform, including its hosting environment, configurations, proprietary tooling, and third-party software licenses, remains part of our managed service and does not transfer to you. If you cancel, the platform and its license-dependent features disconnect (see Section 7).

6. Website Ownership and Intellectual Property

You own your website. Once you have paid the Design & Development fee in full (whether upfront or through completed installments), and provided you are not in default of your payment obligations, you own the design and build of your website, including its custom design elements, page content we created for you under the engagement, and the website files and database. You may request a standard WordPress export of your site at any time while your account is in good standing.

License during financing. If you are financing the Design & Development fee, we grant you an exclusive, worldwide right to use the Website during the financing period. Full ownership of the design and build vests upon payment in full. If you default on the installment plan, the acceleration provision in Section 4 applies.

What does not transfer. Despite your ownership of the design and build, you have no right to, and we retain all ownership of, the following (“Developer IP”): our source code, proprietary tools, development frameworks, build systems, platform configurations, and any third-party software, plugins, themes, or licenses that are provided as part of the Platform & Hosting subscription and that legally cannot transfer. Except for content you provide to us, all copyrights and other intellectual property in design elements, templates, scripts, object code, search tooling, and similar elements created or owned by us (or licensed to us and included in the Website) are owned exclusively by us. You agree not to reverse engineer any Developer IP.

On cancellation. Upon cancellation you may take a standard WordPress export of your site. Features and components that depend on the platform or on third-party licenses (including premium plugins and themes, security tooling, automation, SMS, and compliance services) will disconnect and cease to function once the platform subscription ends. We are not obligated to recreate or transfer license-dependent functionality.

Licenses are non-transferable; self-hosting and your licensing responsibility. All software licenses used to operate your website, including licenses for premium plugins, themes, fonts, stock imagery, security tools, form software, automation, SMS, analytics, compliance services, and any other third-party applications or integrations, are licensed to True Mtn (or provided through our platform) and are not transferable to you. These licenses are part of the Platform & Hosting subscription and remain in effect only while your subscription is active. If you move your website to your own hosting or to a third party, or if your subscription ends for any reason, you are solely responsible for obtaining, in your own name and at your own expense, all licenses, subscriptions, and accounts required for every premium plugin, theme, application, integration, and third-party service your website uses. Without your own valid licenses, the affected features may stop working, stop receiving updates, or become insecure, and we are not responsible for any resulting loss of functionality, errors, vulnerabilities, or damage. On request, we will provide a list of the premium or licensed components your website relies on so that you can arrange your own licensing.

Our use of your project. You agree that we may reference and display the Website, including materials and content provided by you, in our portfolio and for our own marketing and advertising purposes.

Ownership of your content. You retain ownership of the content (text, images, logos, and similar materials) you provide to us. You grant us the rights necessary to use that content to design, build, host, and maintain your Website.

7. Cancellation Policy

You may cancel your Platform & Hosting subscription at any time by contacting us by email at hello@truemtn.com or through the Website or customer portal.

Notice. Cancellation requires 30 days’ advance written notice prior to your next billing date. There is no minimum term and no cancellation penalty on the subscription itself. If proper notice is provided, cancellation is effective at the end of your current billing cycle, and you will not be charged for subsequent billing cycles.

Example. If your billing date is the 15th of each month and you provide cancellation notice on October 10th, your cancellation will be effective November 15th. You will be charged for the November 15th cycle but not for December 15th.

Design & Development balance. If you are financing the Design & Development fee and cancel before it is paid in full, the remaining balance becomes due as described in Section 4.

What happens at cancellation. You will continue to receive Services through the end of your current billing cycle. We will provide a standard WordPress export on request. License-dependent platform features will disconnect when the subscription ends, as described in Section 6.

No support without an active plan. Support and managed services are available only while you maintain an active Platform & Hosting subscription.

Our right to cancel. We reserve the right to cancel or suspend your purchase or account for any reason at our sole discretion, including fraud, inaccuracies, non-payment, prohibited use, or unavailability of services. We are not obligated to provide notice before doing so, and we will not be able to refund amounts already paid if we cancel for cause.

8. Refund Policy

We offer a 30-day money-back guarantee on the Design & Development fee, available only if you request a refund before your project enters the Development Phase. To qualify, you must submit your request to us within 30 days of your purchase date and before development begins.

After services begin. Once your project has entered the Development Phase, or once any other Service has gone live, no refunds will be issued for any reason, including cancellation. You remain responsible for payment of all Services rendered through your cancellation effective date.

No prorated refunds. If you cancel during a billing cycle, you will receive Services through the end of that cycle, but no prorated or partial-month refunds will be issued.

9. Subscriptions and Automatic Renewals

Your Platform & Hosting subscription is a recurring monthly subscription. It automatically renews each month, and we will automatically charge the payment method on file each month until you cancel in accordance with the Cancellation Policy in Section 7.

To cancel automatic renewals, contact us by:

Email — hello@truemtn.com
Through the Website or customer portal

You must provide 30 days’ notice prior to your renewal date for cancellation to be effective for the following cycle. Once cancellation is effective, you will no longer receive the Services provided by the subscription.

Auto-renewal disclosures. You are notified that: (a) this subscription automatically renews each month; (b) you will be charged the then-current monthly rate; (c) you may cancel automatic renewals at any time with 30 days’ advance notice; and (d) cancellation instructions are provided above and in Section 7. Where state law (including, for example, North Carolina’s automatic-renewal statute and similar consumer-protection laws) requires specific automatic-renewal disclosures, those disclosures are incorporated here by reference and we will comply with applicable requirements.

10. Add-On Services

We may offer optional Add-On Services from time to time. These may include one-time additions (such as extra pages or specialized content types), setup-plus-monthly additions (such as customer-portal or e-commerce functionality), and ongoing services billed separately (such as content and SEO programs or advertising management). The Add-On Services we offer, their scope, their availability, and their pricing are determined by us and may change at any time. Add-On Services may require a specific base package or a separate written agreement. The Add-On Services, scope, and fees that apply to you are those stated on your proposal or in a later written agreement, which controls.

11. Support

Support is included at no additional charge with every active Platform & Hosting plan. Our support team is US-based and available Monday through Friday, and most requests are completed within one business day. Support is available only while you maintain an active Platform & Hosting subscription.

What support covers. Included support covers help with your existing site, such as answering questions, making minor content updates, and assisting you in using and managing your site.

Reasonable-use limits. Included support is intended for routine, reasonable use. We reserve the right, in our sole discretion, to set and adjust reasonable limits on the volume, frequency, or scope of support requests covered under your plan in a given period, and to determine what constitutes reasonable use. This protects the quality and responsiveness of support for all clients.

When support becomes custom work. Some requests go beyond routine support and become a custom project, including but not limited to new custom development, new features or functionality, redesigns, new pages, integrations, migrations, or other work outside the ordinary maintenance and use of your existing site. Where a request crosses into custom work, or exceeds the reasonable-use limits described above, we will let you know in advance and provide a quote for your approval. We will not begin chargeable work until you approve the quote, and any such work is billed at our then-current rates or as stated in the quote.

Separate support offerings. We may, now or in the future, offer separate or upgraded support plans or packages with different terms, scope, or fees. Any such offering is governed by its own terms and pricing as presented to you.

12. Project Process and Client Responsibilities

Onboarding and content. After signup, you will complete an onboarding form that captures your services, brand, and goals. You are responsible for providing accurate, complete, and lawful content and for responding to requests in a timely manner so that we can deliver your project on schedule. Delays caused by missing or late client materials are not our responsibility.

Approvals. You are responsible for reviewing and approving designs and the completed site at the soft-launch stage. Your approval to go live constitutes acceptance of the delivered work. If you begin using the Website publicly, you are deemed to have accepted it.

Revisions and scope. Your project includes a reasonable number of revision rounds at the design stage, as described on your proposal or as we otherwise communicate. Revisions are intended to refine the agreed scope. Requests that go beyond the agreed scope, add new pages, features, or functionality, or that involve repeated or substantial changes after approval (“scope changes”) are not included and will be quoted to you in advance as additional work. We are not obligated to begin scope-change work until you approve the quote.

Project timelines. Any timelines or launch dates we provide are estimates only and depend on your timely delivery of content, feedback, and approvals. We are not responsible for delays caused by late, incomplete, or inaccurate materials, or by your delayed responses, and such delays do not relieve you of your payment obligations.

Client responsiveness and project abandonment. Completing your project on a reasonable schedule requires your ongoing participation. If you fail to provide required materials, feedback, or approvals, or are otherwise unresponsive, for a continued period (which we will determine in our reasonable discretion, and which may be thirty (30) days or more), we may treat the project as inactive. In that case we may, at our discretion: pause the project; place it in a queue behind active projects; archive the work; and/or close the project. Fees already paid (including the Design & Development fee or any installments paid) are earned and non-refundable, any outstanding balance remains due, and any monthly subscription continues to apply. Restarting an inactive or closed project may require a new proposal, rescheduling, and/or a reactivation or re-engagement fee.

Client notification requirement. It is your responsibility to inform us if your site is experiencing problems, if you have questions about Services, or if you believe Services are not being performed as expected. We cannot address issues we are not made aware of.

Response times. We will make commercially reasonable efforts to respond to inquiries within 2-3 business days. Complex technical issues may require additional time.

Service records. We maintain internal records of services performed (such as security updates, backups, monitoring, plugin updates, and maintenance). These records are available upon request.

No guarantee of specific results. While we work diligently to deliver quality work, we make no guarantees regarding website traffic, search engine rankings, sales, leads, or other business outcomes. Our obligation is to provide the Services described on your proposal, not to achieve specific business results.

13. Website Hosting

Our Platform & Hosting service includes website hosting. If you elect not to host on our platform, we cannot be responsible for the speed, performance, security certificates, uptime, or any other hosting-related matter for your website. In that case you are also solely responsible for obtaining and maintaining your own licenses for all premium plugins, themes, applications, integrations, and third-party services your website uses, as our licenses do not transfer (see Section 6).

Fixing any problems related to web hosting, or project delays related to web hosting, on a server other than our own is billable at our current hourly rate.

Uptime. We use commercially reasonable efforts to make sites we host available 99.9% of the time during each monthly billing cycle. If we fail to meet this level, you may be eligible for a service credit toward future billing cycles based on the unavailability for that month. “Unavailability” means your website is unresponsive or returns a server error to valid user requests for more than 60 consecutive seconds, and in all cases excludes local, regional, national, or international outages outside our control.

Scheduled maintenance is excluded from unavailability calculations. Scheduled maintenance is maintenance announced at least 2 days in advance that does not exceed one hour in any month, typically performed during off-peak hours.

Service credits are calculated as a percentage of the bill for the affected billing cycle, equal to the minutes of unavailability divided by the total minutes in that cycle. You must request service credits within 7 days of the unavailability occurring. Service credits are your sole and exclusive remedy for any unavailability, downtime, or failure to meet the uptime target, and we shall have no further liability for any unavailability.

Hosting Disclaimers and Limitation of Liability

You acknowledge and agree to the following with respect to hosting and the platform:

No guarantee of uninterrupted service. The 99.9% uptime target reflects our commercially reasonable efforts and is not a guarantee. We do not warrant that hosting will be uninterrupted, error-free, secure, or available at all times. Internet, server, and network performance can be affected by factors outside our control.

Speed and performance. We tune our environment for performance, but we make no guarantee regarding the speed, load time, responsiveness, or performance of your website. Speed is affected by your content, images, plugins, third-party scripts, integrations, visitor location, devices, networks, and other factors outside our control. We are not liable for any loss arising from website speed or performance.

Third-party infrastructure and force majeure. Our hosting relies on third-party providers and infrastructure (including data centers, cloud providers, content delivery and edge networks such as Cloudflare, domain registrars, DNS providers, and upstream telecommunications carriers). We are not responsible or liable for outages, failures, degradation, data loss, or security incidents originating with these third parties, nor for events beyond our reasonable control, including natural disasters, power or network failures, cyberattacks, denial-of-service attacks, acts of government, labor disputes, or other force majeure events.

Backups. We provide automated backups as part of the managed service and make commercially reasonable efforts to maintain them. We do not, however, guarantee that any backup will be complete, current, uncorrupted, or successfully recoverable, and we are not liable for any loss of, damage to, or inability to recover data, files, content, or a website. You are responsible for maintaining your own independent copies of any content, files, or data you cannot afford to lose. Our sole obligation with respect to a failed or unrecoverable backup is to use commercially reasonable efforts to restore from the most recent available backup.

Hacks, malware, and security incidents. While we employ industry-standard security measures, no website or hosting environment can be made perfectly secure, and we do not and cannot guarantee that your website will never be hacked, infected with malware, breached, or otherwise compromised. In the event of a security incident on an active plan, our sole obligation and your sole and exclusive remedy is restoration of the site to its nearest available pre-incident condition (by restoring a backup or performing a malware cleanup, at our discretion). We are not liable for any data loss, downtime, lost revenue, lost business, reputational harm, third-party claims, or other damages arising from any hack, malware, breach, or security incident.

Data loss. We are not responsible for any loss of data, content, files, leads, orders, form submissions, emails, or other information, however caused, including in connection with outages, backups, restorations, migrations, software updates, plugin conflicts, security incidents, or termination of service.

No liability for downtime losses. To the fullest extent permitted by law, we shall not be liable for any loss of profits, revenue, business, leads, sales, goodwill, or data, or for any indirect, incidental, special, consequential, or punitive damages, arising from or related to hosting, uptime, speed, performance, backups, data loss, or security incidents, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim relating to hosting and the platform shall not exceed the Platform & Hosting fees you paid to us for the one (1) month preceding the event giving rise to the claim.

14. Website Management Service

Your Platform & Hosting subscription includes website management: hosting, software updates, backups, and security.

Website security. Our lockdown protocol hardens the WordPress system against attacks, and we employ industry-leading security software that guards your website at multiple levels. While no one can guarantee a site will never be hacked, these measures make your site a more difficult target. If your site is hacked while under an active plan, we will restore it to its nearest available pre-hack condition at no additional cost, by restoring a backup or performing a malware cleanup at our discretion. We have no further liability beyond such restoration.

Website backups. Your files and database are backed up automatically each day your website has activity. Backups are stored in our secure cloud storage. Backup retention periods vary by package, as described on your proposal.

Software updates. Each week, at our discretion, we apply available updates to WordPress core, your theme, and your plugins. We monitor security news and may update more frequently during periods of elevated threat.

Restoring backups. If your site is compromised by a hack, there is no limit to the number of restorations we will perform under this service. If a restoration is due to user error, we will perform a maximum of 2 restorations in any 30-day period; additional user-error restorations are billable at our current hourly rate with a one-hour minimum.

Premium themes and plugins. Many sites use themes or plugins that require recurring license fees for ongoing updates. Where we hold the appropriate licenses, those fees are included in your Platform & Hosting subscription and maintained for you while you remain an active subscriber. If your site uses premium themes or plugins for which we do not hold licensing, you are responsible for maintaining that licensing; we will advise you which items require licensing and assist as needed. We cannot be held liable for problems (including hacks, inoperability, or incompatibility) arising from premium plugins you choose not to license and that are out of date.

Plugin compatibility. If a plugin update causes conflicts, we will consult with you and typically remove and replace the offending plugin. If resolving a plugin compatibility issue requires more than 3 hours, the additional time is billable at our current hourly rate.

It is your responsibility to inform us if your site is experiencing problems and needs attention. If you elect not to maintain an active Platform & Hosting subscription, you are solely responsible for backups and for keeping WordPress, its themes, and its plugins updated.

15. Your Responsibilities in Website Security

We incorporate industry-standard WordPress security techniques when building your website. Because a common way sites are breached is through compromised user devices, you agree to uphold robust security measures, including:

Device security — install and maintain up-to-date security software, use the latest version of your web browser, keep your operating system patched, and update other installed software.

Password protocol — use a strong password unique to your website login, never send passwords or sensitive credentials through unencrypted channels (SMS, email, chat), and use a password manager. We strongly recommend these practices.

You further commit that any employees, contractors, or other parties to whom you grant (or ask us to grant) website access will follow these measures.

16. Third-Party Services

From time to time you may engage a third party (such as an SEO professional, social media professional, or content writer) whose work modifies your website. We cannot be responsible for the work of a third party. Our Platform & Hosting plans do not cover work needed because of a third party’s actions. Should our services be required as a result of a third party’s work, those services are billable at our current hourly rate.

17. Search Engine Optimization (SEO)

Baseline and foundational SEO setup are included with our packages as described on your proposal. Ongoing SEO services (such as our Content Booster program) are Add-On Services and are not included in the base Platform & Hosting subscription. Your website’s ranking and placement on search engines depend on many factors outside our control. We cannot guarantee ranking or placement on any search engine.

18. Digital Advertising and Marketing Services

Where we provide digital advertising or paid media management (such as paid search or paid social) as an Add-On Service, the following applies in addition to the rest of these Terms.

Ad spend is separate. Advertising budget (“ad spend”) is separate from our management fee and is charged by the advertising platforms (for example, Google or Meta), typically to a payment method you control. You are responsible for all ad spend. Our management fee pays for our services in setting up and managing campaigns, not for the cost of the advertising itself.

Platforms are outside our control. Advertising platforms set their own rules, policies, pricing, algorithms, approval processes, and account requirements, and may change them, reject ads, or suspend or disable accounts at any time. We are not responsible for any platform decision, policy change, ad disapproval, account suspension, billing action, or downtime, or for any loss arising from them.

No guarantee of results. We make no guarantee regarding ad performance, impressions, clicks, leads, conversions, sales, cost-per-result, return on ad spend, or any other advertising outcome. Results depend on many factors outside our control, including your budget, market, offer, competition, and the platforms themselves.

Your responsibilities. You are responsible for the accuracy, legality, and compliance of the products, services, claims, and content you advertise, and for compliance with all applicable advertising laws and platform policies. You agree to indemnify and hold us harmless from any claim arising out of your advertising or the content you provide for it.

19. Email and Text (SMS) Messaging

Email deliverability. Your website will send automated emails when certain events occur (such as a completed contact form, a sale, or a password reset). These automated emails are sometimes flagged as spam or not delivered by email providers such as Google, Microsoft, Yahoo, and others. Because we cannot control the receipt of email, we cannot be held responsible for any emails that are not delivered for any reason. It is your responsibility to regularly check spam folders and your website’s form and order interfaces for notifications.

Email service. We do not provide or support business email service to clients. Your business email accounts stay with you and your provider. We recommend consulting an IT professional about implementing professional email from a reliable vendor.

Text (SMS) messaging. Some features (such as SMS lead alerts) may send text messages, and your website may collect phone numbers. If you use SMS features or send text messages to your customers or leads, you are solely responsible for compliance with all applicable laws, regulations, and carrier requirements governing text messaging, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state messaging laws, and carrier registration and consent requirements (such as A2P 10DLC). This includes obtaining and maintaining all required consents before any message is sent and honoring opt-out requests. We provide the technical capability only; we do not provide legal advice on messaging compliance and are not responsible for your messaging practices. You agree to indemnify and hold us harmless from any claim arising out of text messages sent to or by you or through your website.

20. Domain Names

You own and register your domain. As a general rule, we do not purchase or register domain names on your behalf. Your domain name must be registered in your name, owned by you, and kept current by you, including payment of the annual (or other recurring) registration fees charged by your registrar. We can assist with connecting an existing domain you own to your website.

If you ask us to acquire a domain for you. If you want us to register or acquire a domain on your behalf, you must request this explicitly. Any such domain is subject to recurring yearly registration and renewal fees, which you are responsible for, and you acknowledge and agree that these recurring fees apply. If a domain is registered or held under our account at your request and you later want it transferred into your own name or registrar account, we may charge additional fees for that transfer, and the transfer is subject to the requirements and timelines of the applicable registrars.

Your responsibility to maintain the domain. It is your responsibility to ensure the payment method on file with the domain registrar is current. We are not responsible for the suspension or loss of any domain name due to non-payment, expiration, or any other reason. If a domain lapses or you lose access to it for any reason, your website will no longer be publicly accessible. Work needed as a result of domain expiration, lapse, or transfer is billable at our current hourly rate.

21. Accounts

When you create an account, you warrant that you are 18 years of age or older and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices and account. You accept responsibility for all activities that occur under your account or password, whether with our Website or a third-party service, and you must notify us immediately of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account at any time at our sole discretion. You may terminate your account by contacting us.

22. Prohibited Uses

You agree to use the Website in accordance with all applicable laws, rules, and regulations and these Terms. The following is a non-exhaustive list of prohibited uses. You agree not to:

Impersonate or attempt to impersonate True Mtn, LLC or its employees, representatives, subsidiaries, or divisions
Misrepresent your identity or affiliation with any person or entity
Send or attempt to send advertising or promotional material, including spam, junk mail, or chain mail
Engage in conduct that restricts or inhibits any person’s use of the Website, or that may harm us or other users or expose us or other users to liability
Use the Website in any manner that could disable, overburden, damage, or impair it, or interfere with another party’s use
Use any robot, spider, or other automated means to access or use the Website, including to monitor or copy material
Use any manual process to monitor or copy material from the Website for any unauthorized purpose
Introduce any virus, trojan horse, worm, logic bomb, or other harmful material
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, its servers, or connected systems
Attack the Website via a denial-of-service or distributed denial-of-service attack
Otherwise interfere with the proper working of the Website
Use the Website in any way that violates any applicable federal, state, or local law

23. Availability, Errors, and Inaccuracies

We assume no liability for the availability, errors, or inaccuracies of information, products, or services on the Website. We may experience delays in updating information, and content may contain errors, be incomplete, or be out of date. Products or services may be incorrectly priced or unavailable, and we reserve the right to correct any pricing errors. The inclusion or offering of any product or service does not constitute an endorsement or recommendation by us.

24. Website Accessibility and ADA Compliance

Overview

The Americans with Disabilities Act (ADA) and similar laws may require websites to be accessible to individuals with disabilities. Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is generally considered the standard for compliance, though legal requirements vary by jurisdiction, business type, and other factors.

Client’s Sole Responsibility for Compliance

You acknowledge and agree that:

It is your sole responsibility to determine whether your website must comply with the ADA, WCAG, Section 508, or any other accessibility standard.
It is your sole responsibility to inform True Mtn of any specific accessibility requirements before development begins and to request such requirements as a separate add-on service.
It is your sole responsibility to ensure ongoing compliance after launch, including for any content, images, videos, documents, or third-party integrations you add.
True Mtn strongly recommends that you consult a qualified attorney to determine your accessibility obligations and an accessibility specialist to ensure compliance.

True Mtn’s Position on Accessibility

Unless accessibility compliance is explicitly included as a separate add-on service with specific WCAG-level requirements and associated pricing confirmed in writing by True Mtn:

We make no representations, warranties, or guarantees that any website will comply with the ADA, WCAG, Section 508, or any other accessibility standard.
We implement standard web development best practices that may improve accessibility (such as semantic HTML, alt-text fields, and keyboard navigation), but these practices do not constitute guaranteed ADA or WCAG compliance.
We are not responsible for testing, auditing, or certifying websites for accessibility compliance.
We are not responsible for the accessibility of third-party plugins, themes, integrations, or content management systems (including WordPress core).

Accessibility as an Add-On Service

If you require ADA/WCAG compliance, this must be requested in writing before development begins, confirmed by us in writing as a separate add-on service with specific compliance-level requirements, priced separately, and accompanied by regular accessibility audits (which you are responsible for arranging). We offer accessibility enhancement services at additional cost; contact us for pricing and scope.

Client Indemnification for Accessibility Claims

You agree to indemnify, defend, and hold harmless True Mtn, its owners, employees, and agents from any claims, demands, lawsuits, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: any claim that your website violates the ADA or other accessibility laws; any accessibility-related lawsuit, demand letter, or regulatory action; your failure to implement or maintain accessibility standards; your failure to inform us of accessibility requirements; or content or third-party integrations you add. This indemnification applies even if the claim alleges that our work contributed to the issue, unless accessibility compliance was explicitly included as a confirmed add-on service in writing and we failed to deliver the specified compliance level.

Limitation of Liability for Accessibility

In no event shall True Mtn be liable for any damages, penalties, settlements, or costs arising from accessibility-related claims, including ADA lawsuits, demand letters, or regulatory actions, regardless of the legal theory. This limitation applies even if True Mtn has been advised of the possibility of such claims.

Ongoing Accessibility Maintenance

Accessibility compliance is not a one-time achievement; it requires ongoing monitoring and maintenance. New content, software updates, changes in legal standards, and third-party integrations may all affect compliance. You are solely responsible for ongoing accessibility compliance after launch. If you require ongoing accessibility monitoring, it must be arranged as a separate service with associated fees.

No Guarantee of Compliance

Even if accessibility compliance is included as an add-on service, True Mtn makes no guarantee that the website will be immune from accessibility lawsuits or claims. Accessibility law is evolving and subject to interpretation. Our obligation is limited to making good-faith efforts to meet the specified technical standards confirmed in writing.

Client’s Acknowledgment

By signing up, you acknowledge that you have read and understood this section; that accessibility compliance is not included in standard packages unless explicitly purchased; that you are solely responsible for determining and maintaining compliance; that you understand the risks of ADA lawsuits and accept full responsibility for them; and that you have been advised to consult legal and accessibility professionals.

25. Website Policies, Privacy Compliance, and Client Acknowledgment

You acknowledge that we have informed you that applicable federal, state, and international laws may require your website to maintain certain legal policies, including a Privacy Policy, Cookie Policy, cookie consent banner, Terms of Service, and/or Disclaimer. These may be required because of common website features and third-party tools, including contact forms, analytics, advertising tools, embedded media, mapping tools, and other tracking or data-collection technologies.

You acknowledge that we are not a law firm, do not provide legal advice, and do not provide privacy compliance services. We do not determine which laws apply to your business and do not guarantee that your website complies with any privacy, data protection, or consumer protection law.

You are solely responsible for: determining which laws apply to your business; obtaining legally compliant website policies; implementing and maintaining required disclosures, consent mechanisms, and data-handling practices; and updating those policies when laws change. We have no obligation to monitor, audit, or verify your legal compliance.

Analytics and tracking technologies. As part of building or managing your website, we may install or enable analytics, tracking, advertising, and similar technologies (for example, Google Analytics, Google Search Console, conversion tracking, pixels, tags, cookies, and comparable tools), whether at your request or as part of a package. You acknowledge and agree that installing or enabling any such technology is a technical setup task only and does not include, and does not make us responsible for, cookie consent, consent management, a consent banner, a Privacy Policy or Cookie Policy, or compliance with any federal, state, or international privacy, data-protection, consent, or consumer-protection law or requirement. Many of these laws are triggered precisely because analytics or tracking technologies are present, and obtaining valid consent and maintaining the required disclosures and mechanisms is your sole responsibility.

Consent and compliance tooling is opt-in only. We do not provide, configure, or maintain cookie-consent banners, consent management, or privacy/compliance policies unless you explicitly request it and we agree in writing to provide it as a paid add-on (for example, setup of a third-party tool such as Termageddon). Unless you have explicitly requested and we have agreed to provide such tooling, none of it is included, even where we have installed analytics or tracking on your site, and you are solely responsible for meeting any resulting legal requirements.

Certain packages and Add-On Services may include attorney-monitored privacy compliance tooling (for example, a third-party service such as Termageddon) that provides policies and a consent banner. You acknowledge that any such tools are owned and operated by third parties, that your relationship with those providers is governed solely by their terms, and that we do not control or warrant the legal sufficiency of such tools. Use of any third-party compliance tool does not guarantee legal compliance.

The decision to implement website policies, use a third-party compliance service, or decline such policies is made at your sole discretion and risk. If you elect not to maintain legally compliant policies or consent mechanisms, you acknowledge you may be subject to fines, penalties, lawsuits, or regulatory action, and that we bear no responsibility for such outcomes.

You agree to defend, indemnify, and hold harmless True Mtn and its owners, officers, employees, and contractors from any claims, damages, fines, penalties, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your failure to maintain legally compliant website policies; your failure to obtain required user consent; your collection, use, storage, or processing of personal data; or any privacy-related claim, investigation, or legal action involving your website or business. To the fullest extent permitted by law, we shall not be liable for any damages, penalties, fines, or losses arising from your privacy or legal compliance obligations.

26. Artificial Intelligence (AI) Generated Content

Depending on the scope of your project, we may use text, images, code, or other information generated by artificial intelligence systems (“AI-generated content”). Where we use AI-generated content, we will do so in compliance with applicable laws, regulations, and ethical guidelines, and will obtain any necessary permissions or licenses for its use on the website.

If you supply AI-generated content for inclusion on the website, you are responsible for ensuring it complies with all applicable laws, regulations, and ethical guidelines, and for obtaining and providing evidence of all necessary permissions, licenses, and consents.

27. No Warranty

THE SERVICES AND DIGITAL PRODUCTS DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS.” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE), SHALL APPLY TO ANY ITEM OR SERVICE DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Our Services are provided on an “as-is” basis. Other than as specifically provided in these Terms, we disclaim all express or implied warranties to the maximum extent permitted by law. There is no warranty that our Services will be error-free, will operate without interruption, will be compatible with all operating systems or browsers, will fulfill your particular purposes, or will meet any level of sales, clicks, leads, or other performance metric. We make no warranty regarding the storage of your information and are not responsible for any loss of or damage to your information. To the extent we cannot disclaim a warranty as a matter of law, the scope and duration of that warranty will be the minimum permitted under such law.

28. Damages and Limitation of Liability

IN NO EVENT SHALL TRUE MTN, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THE WEBSITE OR SERVICES, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, EVEN IF TRUE MTN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, DESPITE THE LIMITATION ABOVE, TRUE MTN, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THE LIABILITY OF TRUE MTN, LLC WILL IN NO EVENT EXCEED THE FEES YOU PAID TO TRUE MTN, LLC IN CONNECTION WITH THE TRANSACTION(S) GIVING RISE TO THE CLAIM. THIS LIMITATION REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED.

29. Release and Indemnification

Release. You release True Mtn, its successors, assignees, agents, employees, owners, and licensees from any and all claims and demands arising out of or in connection with our design and preparation of the Website.

Indemnification. You shall indemnify, defend, and hold harmless True Mtn, its successors, assignees, agents, employees, owners, and licensees from and against any and all damages, liabilities, claims, actions, causes of action, demands, judgments, losses, and expenses (including reasonable attorneys’ fees and court costs) in connection with any actual or alleged third-party claim, demand, or action arising out of: our performance of the Services; your use of the Website; any other conduct related to our creation, use, hosting, or maintenance of the Website; or any claim that the Website violates accessibility laws or standards (including the ADA, WCAG, or Section 508), unless accessibility compliance was explicitly included in a signed scope of work and we failed to deliver the specified compliance level.

Your representations and warranties. You represent and warrant that: you own the information and content you provide to us; you have the right to authorize the production and distribution of the Website; your performance of the agreement will not breach any other agreement; you have the authority to enter into this agreement and your signatory is at least 18 years old with authority to bind you; you will comply with all applicable laws and, unless expressly agreed in writing by us, assume responsibility for ensuring the Website complies with all applicable laws; you will not provide content that is illegal, obscene, pornographic, or otherwise offensive; the content you provide will not infringe any copyright, patent, trade secret, intellectual property, or contractual right of any third party; you will notify us of any legal notices or disclaimers required on the Website; you give us permission to use copy or media from your current site, if any; and you will obtain all necessary consents and approvals for content you provide. You acknowledge sole responsibility for ensuring the Website complies with all applicable laws, including the ADA, and will not hold us liable for accessibility-related claims.

Non-disparagement. You agree not to make any statement or take any action to disparage, defame, or compromise the goodwill, name, brand, or reputation of True Mtn, or to interfere with our business relationships or goodwill.

30. Remedies

You agree that the remedy for breach of these Terms as it relates to your purchase shall be repair, or to pursue dispute resolution as provided in the “Governing Law, Dispute Resolution, and Venue” section. These remedies are intended to be your sole and exclusive remedies for any breach of these Terms as it relates to your purchase.

31. Intellectual Property and DMCA Notice

All contents of the Website are ©2026 True Mtn, LLC or third parties. All rights reserved. Unless specified otherwise, the Website and all content and materials on it, including all logos, designs, text, graphics, pictures, information, data, software, sound files, and their arrangement (collectively, “Content”), are the proprietary property of True Mtn, LLC and are either registered trademarks, trademarks, or otherwise protected intellectual property of True Mtn, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact John White at hello@truemtn.com.

We respect the intellectual property rights of others and respond to claims that Content on the Website infringes the rights of any person or entity. If you believe in good faith that Content infringes your intellectual property rights, you or your agent may send us a written notice titled “Infringement of Intellectual Property Rights – DMCA” that includes: an electronic or physical signature of the person authorized to act on behalf of the rights owner; a description of the work claimed to be infringed, including the URL or a copy of the work; your name, email, address, and telephone number; and a statement that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law.

We will not process incomplete or improperly filed complaints. You may be held accountable for damages, including costs and attorneys’ fees, for any misrepresentation or bad-faith claim. Submit your claim to:

True Mtn, LLC John White hello@truemtn.com (312) 878-3686 10083 Ravenwood Dr, St. John, IN 46373 UNITED STATES

32. Governing Law, Severability, Dispute Resolution, and Venue

These Terms are governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict-of-laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision will not be considered a waiver of that right or provision. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between you and us regarding the Website and Services and supersede any prior agreements regarding the same.

For business-to-business contracts. If you are a business entity (including a corporation, LLC, partnership, or sole proprietorship), this is a business-to-business transaction, and any controversy or claim arising out of or relating to these Terms, including interpretation or breach, shall be resolved in a court of competent jurisdiction in Lake County, Indiana.

For consumer contracts. If you are an individual consumer purchasing for personal, family, or household purposes, and if applicable state law voids out-of-state venue provisions for consumer contracts, then venue shall be in a court of competent jurisdiction in your state of residence.

Class action waiver. YOU AND TRUE MTN, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

33. Changes to These Terms

We reserve the right to make changes to these Terms of Service at any time. The “Last updated” date at the top reflects the most recent revision. Your continued use of the Website and Services after changes take effect constitutes your acceptance of the updated Terms.

34. Questions

If you have any questions about these Terms of Service, please contact us at hello@truemtn.com.

END OF TERMS OF SERVICE