Overview
These terms govern your use of Freewave.dev, a service operated by Carrot & Flower LLC, doing business as Freewave.Online ("Freewave," "we," "us"). By signing up or continuing to use the service, you agree to these terms. We've kept the language plain and straightforward — no surprises.
Eligibility
You must be at least 18 years of age to use Freewave. By signing up, you represent that you are 18 or older and have the legal capacity to enter into this agreement.
The Service
Freewave provides unlimited website development and management for a flat monthly fee. Here's how it works: you submit requests, we work through them one at a time. When one request is finished, we move on to the next. There's no cap on the total number of requests you can make.
Fair Use
"Unlimited" means you can submit as many requests as you like over the life of your subscription. To keep things running smoothly for everyone, a few common-sense guidelines apply:
- One active request at a time. We complete your current request before starting the next one.
- Reasonable scope. A request should be a single page, feature, design change, or similar unit of work — not "build me an entire SaaS platform from scratch." If something is genuinely large, we'll work with you to break it into manageable pieces.
- Personal or business use. The work we do is for your own website(s). Reselling our development services to third parties isn't what this plan is designed for.
- We may split large requests. If a request is big enough that it makes sense to deliver in stages, we reserve the right to break it into smaller deliverables so you get usable work sooner.
Acceptable Use
We're happy to build just about anything for you, but a few things are off-limits. You agree not to use Freewave to:
- Host or distribute illegal content, malware, phishing pages, or ransomware
- Sell illegal goods or services
- Infringe on third-party copyrights, trademarks, or other intellectual property
- Engage in harassment, hate speech, or defamation
- Send spam or engage in fraudulent activity
- Resell or redistribute our development services to third parties
Violating this policy may result in immediate termination of your account without refund or notice.
Subscription, Billing & Auto-Renewal
We offer several plans starting at $5/month. Every subscription starts with a 7-day free trial. We also offer annual billing on select plans at a discounted rate.
Auto-renewal: Your subscription automatically renews at the end of each billing cycle (monthly or annually) at the then-current rate. After your free trial ends, you will be charged automatically unless you cancel. You can cancel at any time through your portal account — cancellation takes effect at the end of your current billing period.
Refunds
During your 7-day free trial, you can cancel at any time without being charged. Once the trial ends and billing begins, all payments are non-refundable. Because we begin work on your project immediately, we cannot offer partial refunds for unused portions of a billing period.
If we terminate your account (not for an acceptable use violation), we'll refund the unused portion of any prepaid subscription fees.
Failed Payments
If a payment fails, here's what happens:
- Day 0: We'll email you with a link to update your payment method. Your service continues uninterrupted.
- Day 7: If payment still hasn't been received, your subscription will be cancelled and your website will be taken offline.
We want to keep you as a customer — if you're having trouble with payments, reach out and we'll work with you.
Cancellation & Account Archival
You can cancel your subscription at any time through your portal account or by contacting us. Cancellation takes effect at the end of your current billing cycle.
When your subscription is cancelled, your website is taken offline and your account is archived. We retain your website files and data for 90 days after cancellation. During this period you can reactivate your account by starting a new subscription, and your existing site will be restored.
We'll send you reminder emails at 30 days, 7 days, and 1 day before your data is permanently deleted. After 90 days, all website files and account data are permanently removed and cannot be recovered.
Termination
Either party can cancel the subscription at any time. We also reserve the right to terminate your service at any time, for any reason, with 30 days' written notice. If we terminate your account (not for an acceptable use violation), we'll refund the unused portion of any prepaid subscription fees.
We may terminate your account immediately and without notice if you violate our Acceptable Use policy, engage in illegal activity, or repeatedly fail to pay. In such cases, no refund is provided.
Upon termination, your website is taken offline and your account is archived per our data retention policy (90 days). You may download your website files from your GitHub repository before termination takes effect. You remain responsible for any outstanding invoices.
Your Content & Intellectual Property
You own your content and you own the finished website we build for you — it's yours, full stop. We don't claim ownership over any work product delivered to you. Upon termination, all rights in completed work remain yours, and you're free to self-host and maintain the site independently.
You do not own third-party libraries, open-source components (governed by their respective licenses), or any reusable templates or frameworks we use across multiple customer sites.
We do retain the right to showcase the work in our portfolio and marketing materials, unless you ask us not to. Just let us know and we'll keep it private.
Copyright & DMCA
We respect intellectual property rights. If we receive a valid DMCA takedown notice claiming your site infringes someone's copyright:
- We'll notify you of the claim
- The infringing content will be taken down pending resolution
- You may file a counter-notice if you believe the takedown is invalid
- We'll restore the content if we receive a valid counter-notice and the claimant doesn't pursue legal action within 14 days
To file a DMCA notice, contact us at support@freewave.dev.
Service Availability
We do our best to keep your website running smoothly, but we do not guarantee any specific uptime percentage. Your website's availability depends on third-party infrastructure (hosting, DNS, CDN) that is outside our control. We are not responsible for:
- Hosting provider outages or performance issues
- DNS or domain registrar problems
- CDN or Cloudflare downtime
- Internet connectivity failures
Warranty Disclaimer
Freewave is provided "as-is" and "as-available" without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will meet your specific requirements, be uninterrupted or error-free, or that any defects will be corrected within a particular timeframe.
Limitation of Liability
Freewave handles website development. We don't provide hosting, domain registration, or third-party services (email platforms, analytics tools, payment processors, etc.). You're responsible for keeping those running.
In no event shall Freewave be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our service, including but not limited to loss of profits, data, business opportunities, or goodwill. Our total liability for any claim is limited to the amount you've paid us in the 12 months preceding the claim. Your exclusive remedy for any claim is a refund of fees paid.
Indemnification
You agree to indemnify, defend, and hold harmless Freewave and its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:
- Your content, instructions, or business activities
- Your infringement of third-party intellectual property rights
- Your violation of any laws or these terms
- Disputes between you and your website's users or customers
Force Majeure
We're not liable for any failure to perform our obligations due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or major infrastructure failures. In such cases, our obligations are suspended for the duration of the event, and we'll work with you on alternatives.
Dispute Resolution
We'd rather work things out than go to court. If a dispute arises, you agree to first contact us at support@freewave.dev and attempt to resolve it informally for at least 30 days before taking any formal action.
If informal resolution fails, any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in San Juan County, Washington. Each party bears their own costs unless the arbitrator decides otherwise.
Class action waiver: You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding.
Governing Law
These terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. To the extent that litigation is permitted (outside of arbitration), you consent to the exclusive jurisdiction of the state and federal courts located in San Juan County, Washington.
Severability
If any provision of these terms is found to be unenforceable or invalid by a court, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Entire Agreement
These terms, together with our Privacy Policy, constitute the entire agreement between you and Freewave regarding the service. They supersede any prior agreements, communications, or understandings — whether written or verbal.
Waiver
Our failure to enforce any provision of these terms at any time does not waive our right to enforce that provision — or any other provision — in the future.
Assignment
You may not assign or transfer your account or any rights under these terms without our prior written consent. We may assign our rights and obligations under these terms at any time — for example, in connection with a merger, acquisition, or sale of assets — without notice or consent.
Notices
We will send official notices to the email address associated with your account. You are responsible for keeping your email address up to date in your portal. Notices are considered received when sent — it's your responsibility to monitor your inbox. You may send notices to us at support@freewave.dev.
Changes to These Terms
We may update these terms from time to time. When we do, we'll update the "Last updated" date at the top of this page and notify you by email. Continued use of the service after changes are posted constitutes acceptance of the revised terms.
Questions?
If anything here is unclear, reach out. You can email us at info@freewave.dev or call (321) 222-0889.