TERMS OF SERVICE

Last updated: 01-01-2026

Goldpaint Development, a division of Goldpaint Photography, LLC (“Developer,” “Company,” “we,” “us,” “our”), operates as the web development and technical services branch of the company. These Legal Terms govern your access to and use of https://www.goldpaint.dev (the “Site”) and any related products and services, including the Hosting & Support Plan (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, OR BY CHECKING THE BOX TO AGREE TO THESE TERMS AT CHECKOUT, YOU AGREE TO BE BOUND BY ALL OF THESE LEGAL TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

You may contact us by phone at +1 714 878 2019, by email at info@goldpaint.dev, or by mail to 5090 Rivedro St, Las Vegas, NV, 89135, United States.

We will notify you of any changes to these Legal Terms by posting the revised terms or emailing info@goldpaint.dev. Continued use after changes take effect constitutes acceptance.

The Services are intended for users age 18 and older.

Please print a copy of these Legal Terms for your records.

Agreement to Our Legal Terms
Our Services
Intellectual Property Rights
User Representations
User Registration
Products
Purchases and Payment
Subscriptions
Refunds Policy
Prohibited Activities
User Generated Contributions
Contribution License
Third-Party Websites and Content
Services Management
Privacy Policy
Copyright Infringements
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
California Users and Residents
Ownership and Rights
Use of Licensed Tools
Scope and Revisions
Timeline and Delays
Support and Hosting
Project Termination
Warranty
Promotional Use
Liability
Confidentiality
Late Payments
Notice
Developer Non-Performance
Client Non-Performance
Force Majeure
Miscellaneous
Contact Us
Hosting & Support Plan Scope
Hosting Plan Billing, Renewal, and Cancellation
Priority Support Response
Service Availability and No Uptime Guarantee
Backups and Data Loss
Acceptable Use Policy
Client Responsibilities (Hosted Sites)
Third-Party Services and Dependencies
Suspension of Hosting Services
Off-Boarding, Migration, and Data Retention After Cancellation
Malware, Security Incidents, and Remediation
Maintenance Windows and Scheduled Downtime
Content Update Allowance
Plan Changes and Price Adjustments

1. Agreement to Our Legal Terms

These Legal Terms constitute a legally binding agreement between you (“you,” “your”) and Goldpaint Photography, LLC, doing business as Goldpaint Development (“Company,” “we,” “us,” “our”) concerning your access to and use of the Services. BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY ALL OF THESE LEGAL TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

2. Our Services

We operate the Site and any associated features, content, and applications we may provide from time to time, including web design and development services and the Hosting & Support Plan. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, GLBA, PCI-DSS, etc.). You may not use the Services in a manner that violates applicable laws.

3. Intellectual Property Rights

Our Content and Marks We own or license all intellectual property rights in the Services, including source code, design, text, images, graphics, trademarks, and logos (“Content” and “Marks”). All are protected by copyright, trademark, and other laws worldwide.

Your License Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of Content for your personal, non-commercial use or internal business purpose. No other use is permitted without our prior written permission.

4. User Representations

By using the Services, you represent and warrant that you:

are at least 18 years old
will provide true, accurate, current, and complete information
will maintain and promptly update your information
have legal capacity to agree to these Legal Terms
will not access the Services through automated means
will comply with applicable laws and these Legal Terms

5. User Registration

You may need to register to access certain features. You agree to keep your password confidential and are responsible for all activity under your account. We may remove or change usernames at our discretion.

6. Products

All products are subject to availability and may be discontinued at any time. Prices are subject to change.

7. Purchases and Payment

We accept Visa and Mastercard via Stripe and SureCart. You agree to provide accurate payment information and to pay all charges at the prices in effect when you place your order. All payments are in US dollars. We reserve the right to correct pricing errors and to refuse or limit orders.

8. Subscriptions

Billing and Renewal Subscriptions, including the Hosting & Support Plan, are billed monthly in advance through SureCart and Stripe. Your first payment covers the next thirty (30) days of service, and subscriptions automatically renew each month on the same billing date until canceled. You authorize recurring charges to your payment method on file. You will receive a renewal notification approximately ten (10) days before each scheduled charge.

Cancellation You may cancel at any time from your SureCart customer dashboard. Cancellation takes effect at the end of the current paid term; no prorated refunds are issued for partial months. See Section 46 for hosting-specific cancellation terms.

Fee Changes We may change subscription fees and will provide notice as required by law. See Section 58 for hosting plan price change terms.

9. Refunds Policy

All sales are final. No refunds will be issued, including for partial months of hosting, unused content update time, or cancellations made mid-billing cycle.

10. Prohibited Activities

You agree not to:

scrape, spider, or harvest data without permission
trick, defraud, or mislead us or other users
circumvent security features
use the Services for unauthorized commercial purposes
upload malicious code or spam
impersonate others
reverse-engineer our software
collect personal data of other users
compete with us using the Services

Additional restrictions specific to hosted sites are set forth in Section 50 (Acceptable Use Policy).

11. User Generated Contributions

The Services may allow you to post content (“Contributions”). You agree that Contributions are non-confidential and you grant us a license as described in Section 12.

12. Contribution License

By posting Contributions, you grant us an unrestricted, perpetual, irrevocable, transferable, royalty-free license to use, reproduce, distribute, prepare derivative works, and publicly display your Contributions in any media. You waive moral rights to your Contributions.

13. Third-Party Websites and Content

The Services may link to third-party websites or host third-party content. We do not endorse, monitor, or assume liability for any third-party websites or content. See also Section 52.

14. Services Management

We may monitor use, remove content, and take legal action against violators of these Legal Terms. We may limit or disable your access at our discretion.

15. Privacy Policy

Your use of the Services is subject to our Privacy Policy: https://goldpaint.dev/privacy-policy/. By using the Services you consent to our collection, use, and transfer of your information as described therein.

16. Copyright Infringements

If you believe any material infringes your copyright, please notify us at info@goldpaint.dev.

17. Term and Termination

These Legal Terms remain in effect while you use the Services. We may suspend or terminate your access at any time, without notice, for any reason.

18. Modifications and Interruptions

We may change, suspend, or discontinue any part of the Services at any time. We are not liable for any modification, suspension, or discontinuance.

19. Governing Law

These Legal Terms and your use of the Services are governed by the laws of California, without regard to conflict-of-law principles.

20. Dispute Resolution

Informal Negotiations Attempt to resolve disputes informally for 30 days.

Binding Arbitration If unresolved, disputes (except IP enforcement or injunctive relief) will be resolved by binding arbitration under the AAA Rules in California. No class arbitrations.

21. Corrections

We may correct errors or omissions in the Services at any time without notice.

22. Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES WITH FULL FORCE TO THE HOSTING & SUPPORT PLAN, INCLUDING WITHOUT LIMITATION UPTIME, BACKUPS, SECURITY SCANS, AND RESPONSE TIMES.

23. Limitations of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRIOR TO THE CAUSE OF ACTION OR $5,000 USD, WHICHEVER IS LESS.

24. Indemnification

You agree to indemnify and hold us harmless from any claims arising out of your use of the Services, your Contributions, or content hosted on your behalf under the Hosting & Support Plan.

25. User Data

You are responsible for the accuracy, quality, and legality of all data and content you submit or host with us.

26. Electronic Communications, Transactions, and Signatures

Accessing the Services, including clicking “I agree” at checkout, constitutes electronic communications and a binding electronic signature. You consent to receive electronic notices, agreements, and disclosures.

27. California Users and Residents

California residents may request disclosure or deletion of personal information as permitted by law. To exercise these rights contact info@goldpaint.dev.

28. Ownership and Rights

Upon full payment, the client owns all final visual designs, content, and layout files associated with the delivered website. Custom design assets and structural elements created by Goldpaint Development are licensed for use on the final delivered website only and may not be resold, redistributed, or reused outside this project without our written permission. Until full payment is received, all assets remain the sole property of Goldpaint Development.

29. Use of Licensed Tools

Licensed development tools (such as Elementor Pro or SEO plugins) are included at no additional cost so long as the site remains hosted under the Goldpaint Development Hosting & Support Plan. If the client self-hosts or migrates the site, they must obtain valid licenses for required third-party tools at their own expense. License access is revoked upon cancellation of the Hosting & Support Plan.

30. Scope and Revisions

This agreement covers only deliverables outlined in the Scope of Work. One revision round per deliverable is included. Additional revisions billed at $150/hr in 15-minute increments. Changes beyond scope require a signed change order with fees and revised timelines.

31. Timeline and Delays

Project timelines depend on the client’s timely delivery of content, feedback, and approvals. If delayed over 30 days by client inaction, we will invoice the remaining balance in full, pause work until payment and materials are received, and adjust timelines by the delay duration.

32. Support and Hosting

Thirty (30) days of post-launch support is included for minor updates and fixes. Ongoing Hosting & Support Plans are optional and governed by Sections 45 through 58 of these Terms. Support outside an active plan is billed at our standard hourly rate.

33. Project Termination

If the client cancels after the initial deposit but before final delivery, the deposit is non-refundable and completed work remains our property until full payment is received. If we terminate for client breach or non-payment, the client receives completed work to date, licenses are revoked unless paid in full, and no refunds are issued.

34. Warranty

We test functionality and compatibility on current devices and browsers. We do not guarantee compatibility with future browser updates, plugin conflicts, or third-party failures. Issues outside the included 30 days of support are handled under ongoing plans or billed separately.

35. Promotional Use

We retain the right to display the completed website and related materials in our portfolio, website, or marketing materials unless the client requests exclusion in writing.

36. Liability

We are not liable for lost revenue, business interruption, or damages from hosting outages, plugin conflicts, malware, or site misuse after handoff. The client is responsible for the accuracy and legality of all site content.

37. Confidentiality

All client information and materials shared during the project remain confidential and will not be disclosed to third parties.

38. Late Payments

Invoices unpaid within 10 days incur a late fee of 1.5% per month or the maximum allowed by law. We may pause work or disable site access until payment is received.

39. Notice

All formal notices under this agreement must be sent by email and are effective upon the date and time sent.

40. Developer Non-Performance

If we cannot perform due to incapacity, unavailability, or other unforeseen circumstances, we will notify the client immediately, issue a refund or credit for incomplete services, release the client from remaining payment obligations, and provide no additional refunds.

41. Client Non-Performance

If the client fails to provide necessary content, access, or approvals:

We are not liable for unfulfilled deliverables due to missing materials.
Instructions to stop work do not void payment obligations.
No refunds are issued for deposits or completed work if the client abandons or cancels the project.

42. Force Majeure

We are not liable for delays or failures caused by events beyond reasonable control, including acts of God, war, strikes, power outages, internet failures, cloud provider outages, DDoS attacks, or third-party service disruptions.

43. Miscellaneous

Severability – Invalid provisions do not affect the remainder.
Waiver – Failure to enforce any right is not a waiver.
Assignment – You may not assign; we may assign without notice.
Relationship – No partnership or agency is created.
Force Majeure – As defined above.

44. Contact Us

For questions, complaints, or claims regarding the Services: Goldpaint Development / Goldpaint Photography, LLC 5090 Rivedro St, Las Vegas, NV 89135, United States Phone: +1 714 878 2019 Email: info@goldpaint.dev

HOSTING & SUPPORT PLAN TERMS

The following sections (45–58) apply specifically to clients enrolled in the Goldpaint Development Hosting & Support Plan (“Hosting Plan”). These terms are in addition to, and not in place of, the general Terms above.

45. Hosting & Support Plan Scope

The Hosting Plan is billed at $200 per month and includes the following services for a single website:

Managed hosting on our cloud infrastructure
One (1) hour of content updates per calendar month; unused time does not carry over or accumulate
WordPress core and plugin updates with manual review of primary pages after each update
Daily off-site backups
Malware scanning
Security patching and performance monitoring
DNS management and domain-level configuration via Cloudflare
Email routing support and troubleshooting (routing only; see Section 52)
Priority response for support requests (see Section 47)
Continued access to premium licensed tools used during development

Not included: email hosting or mailbox provisioning (typically handled through Google Workspace or an equivalent third-party provider at the client’s expense), custom development work, design changes, new page builds, e-commerce transaction support, SEO services, paid advertising management, content writing, or recovery of data lost due to client action. Work outside the plan is billed at our standard hourly rate with prior written approval.

46. Hosting Plan Billing, Renewal, and Cancellation

The Hosting Plan is billed monthly in advance through SureCart and Stripe. Your first payment covers thirty (30) days of service. The plan automatically renews each month on the same billing date. You will receive a renewal notification approximately ten (10) days before each scheduled charge.

You may cancel at any time from your SureCart customer dashboard. Cancellation takes effect at the end of the current paid billing period. No prorated or partial refunds are issued. Upon cancellation, access to premium licensed tools, managed hosting, backups, and all other Hosting Plan services terminates at the end of the paid term.

47. Priority Support Response

“Priority response” means we will acknowledge support requests submitted by email within one (1) business day (Monday through Friday, excluding US federal holidays). Acknowledgment is not a guarantee of resolution time. Complex issues, third-party failures, or issues requiring client input may take longer to resolve. Emergency response outside business hours is not included and is billed at our standard hourly rate if available.

48. Service Availability and No Uptime Guarantee

We make commercially reasonable efforts to keep hosted sites online and performant. However, we do not guarantee any specific level of uptime, availability, or performance, and we offer no service credits for downtime. Hosted sites rely on upstream cloud infrastructure, Cloudflare, and other third-party providers whose availability is outside our control. You acknowledge that temporary outages, latency, and service interruptions may occur.

49. Backups and Data Loss

We perform daily off-site backups of hosted sites as a convenience and retain backups on a rolling basis. Backups are provided “as is” with no warranty of completeness, integrity, or recoverability. You are solely responsible for maintaining your own independent copies of your site, content, databases, and any critical data. We are not liable for any loss of data, content, revenue, or business resulting from backup failure, corruption, deletion, malware, hacking, human error, third-party action, or any other cause.

50. Acceptable Use Policy

You may not use the Hosting Plan, and may not permit any third party to use the Hosting Plan, to host, store, transmit, or link to:

illegal content or content that violates the rights of others
malware, phishing pages, spyware, or any malicious code
spam, bulk unsolicited email, or mailing list operations
adult sexual content, gambling, or content prohibited by our upstream providers
content that infringes intellectual property rights
content promoting violence, harassment, or discrimination
cryptocurrency mining, botnets, or proxy/VPN services
torrent trackers, file-sharing services, or warez distribution
any activity that consumes excessive server resources, disrupts other clients, or triggers abuse complaints from upstream providers
any content that violates applicable US federal, state, or local law

Violation of this Acceptable Use Policy is grounds for immediate suspension or termination without refund. See Section 53.

51. Client Responsibilities (Hosted Sites)

As a Hosting Plan client, you are responsible for:

the accuracy, legality, and licensing of all content on your hosted site
maintaining the confidentiality of any credentials we provide you
promptly notifying us of suspected unauthorized access or security issues
keeping your billing information current in SureCart
maintaining your domain registration with your chosen registrar
maintaining any email service (e.g., Google Workspace) separately
obtaining consent and complying with applicable privacy laws (GDPR, CCPA, etc.) for any personal data collected through your site
not installing, modifying, or requesting plugins, themes, or code that conflict with our managed environment without our approval
compliance with the Acceptable Use Policy in Section 50

52. Third-Party Services and Dependencies

The Hosting Plan relies on third-party services including but not limited to our upstream cloud hosting provider, Cloudflare (DNS and CDN), SureCart and Stripe (billing), and the client’s own email provider (such as Google Workspace) and domain registrar. We are not responsible for outages, data loss, billing issues, feature changes, price changes, or failures of any third-party service. Where a third-party service requires a separate account or agreement, the client is responsible for that relationship, including any fees.

53. Suspension of Hosting Services

We may immediately suspend or terminate hosting services, without refund, for any of the following:

non-payment of any invoice, including a failed recurring charge not cured within ten (10) days
violation of the Acceptable Use Policy (Section 50)
activity that threatens the security, integrity, or performance of our infrastructure or other clients
requests from law enforcement or legal process
upstream provider action that prevents us from continuing to host the site
repeated abusive or harassing conduct toward our staff

We will attempt to provide notice when practical, but are not required to do so in cases of security, legal, or abuse-related suspension.

54. Off-Boarding, Migration, and Data Retention After Cancellation

Upon cancellation or termination of the Hosting Plan, regardless of reason:

The client is solely responsible for migrating the site, content, databases, and any associated assets to a new host. Goldpaint Development does not perform migrations as part of the Hosting Plan.
Migration advisory, export assistance, or hands-on migration work is available on request and billed at our standard hourly rate, subject to availability.
Access to premium licensed tools (e.g., Elementor Pro, SEO plugins) is revoked immediately at the end of the paid term. The client must obtain their own licenses going forward.
Site files, databases, and backups will be retained for thirty (30) days after the end of the paid term, after which they may be permanently deleted without further notice. We recommend requesting any export before the end of the paid term.
We are not obligated to restore, re-host, or recover data after the retention period expires.

55. Malware, Security Incidents, and Remediation

Malware scanning and security patching are provided on a commercially reasonable basis. We do not guarantee detection or prevention of all malware, vulnerabilities, intrusions, or zero-day exploits. In the event of a confirmed compromise:

Basic cleanup and restoration from backup is included within the 1-hour monthly content update allowance where feasible.
Significant remediation (full rebuilds, forensic work, repeated re-infections, or compromises caused by client action, weak credentials, or third-party plugins) is billed at our standard hourly rate with prior approval.
We are not liable for any consequences of a security incident, including data loss, downtime, SEO impact, blacklisting, or business losses.

56. Maintenance Windows and Scheduled Downtime

We may perform scheduled or emergency maintenance at any time. We will make commercially reasonable efforts to perform non-urgent maintenance during low-traffic periods and to notify clients in advance of significant planned downtime, but notice is not guaranteed.

57. Content Update Allowance

The Hosting Plan includes one (1) hour of content update time per calendar month. This time is intended for minor edits such as text changes, image swaps, and small layout adjustments. Unused time does not carry over, accumulate, or convert to account credit. Time is counted in 15-minute minimum increments. Work exceeding the monthly allowance, or work outside the scope of “content updates” (e.g., new page builds, design changes, custom development, integrations), is billed at our standard hourly rate with prior approval.

58. Plan Changes and Price Adjustments

We may modify the scope, features, or pricing of the Hosting Plan at any time. We will provide at least thirty (30) days’ notice by email of any material change or price increase. Continued use of the Hosting Plan after the change takes effect constitutes acceptance. If you do not agree to a change, your sole remedy is to cancel the plan before the change takes effect.