CRFTD Terms and Conditions

Last Updated: 12-30-2025

Your use of the products or services of Crabtree Systems LLC, doing business as CRFTD, CRFTD Plugins, CRFTD Web Development & Consulting, Really Simple Plugins, and AxisPoints (collectively, “CRFTD”), including trial versions, is at all times subject to the following terms and conditions (the “Terms”). You agree that all products or services you use from CRFTD (the “Services”) shall be subject to these Terms, as they may be amended and revised from time to time without notice, except as posted on the CRFTD website.

These Terms are published on a single URL for ease of access and are organized by section. Certain sections apply to all Services, while other sections apply only to specific Services as expressly stated in those sections. Only the sections that apply to the Services you purchase or use govern that transaction. If a conflict exists between generally applicable sections and a service specific section, the service specific section controls solely with respect to that Service. A dispute relating to one Service does not alter the applicability of sections governing any other Service.

Table of Contents

• 1. Domain Name Registration
• 2. Third Party Services
• 3. Website Hosting and Email
• 4. Client Responsibility to Monitor Advertising and Marketing Material
• 5. Payment Responsibilities; Consequences of Non payment
• 6. Performance of CRFTD Services
• 7. Website Design and Development Services
• 8. Service Availability
• 9. Term and Termination
• 10. Intellectual Property, Licenses, and Data Ownership
• 11. WordPress Plugin Sales and Licensing Agreement
• 12. Refund Policy
• 13. Warranties and Disclaimers
• 14. Limitation of Damages
• 15. Force Majeure
• 16. Confidentiality
• 17. Indemnity
• 18. Applicable Law
• 19. Inappropriate Conduct Prohibited
• 20. General Terms
• Appendix A. Optional Arbitration Agreement

1. Domain Name Registration

CRFTD may assist with the application for registration of domain names, or with the continuing management of registered domain names, which domain names may be registered in an account in CRFTD’s name or in your name. In addition to the other Terms herein, such services are subject to the following specific terms:

1.1. The application for and registration of domain names is made through third party domain name registrars. The registration and use of your domain name is subject to the terms of the applicable registrar and the laws and regulations that govern the ownership and use of domain names.

1.2. CRFTD makes no representation that a domain name that you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has, or they have, been registered. Any action taken by you before such notification is at your risk.

1.3. CRFTD shall have no liability for any refusal or denial by any third party to register a domain name or for any cancellation or transfer of a domain name by any third party (including any regulatory authority, governmental authority, court, or other party with a regulatory or administrative role regarding the ownership and use of domain names).

1.4. In the event of a dispute or issue regarding your ownership or use of a domain name that CRFTD manages for you, CRFTD may, at CRFTD’s discretion, take protective actions regarding the domain name without liability to you when CRFTD reasonably determines such actions are necessary to: (a) comply with registrar policies, ICANN rules, or applicable law; (b) respond to a credible claim of fraud, infringement, or unlawful use; (c) comply with a court order, governmental request, or dispute process (including UDRP or similar); (d) mitigate a security incident or suspected compromise; or (e) prevent imminent operational harm to the domain or DNS. Protective actions may include locking the domain, withholding transfer, updating contact information, or temporarily suspending DNS changes. CRFTD will use commercially reasonable efforts to notify you when practicable, unless notice is prohibited by law or registrar policy, or would materially increase security risk.

1.5. CRFTD has no responsibility or liability regarding any domain name (including its renewal) that is not managed by CRFTD.

2. Third Party Services

CRFTD may assist with the purchase and management of services offered by and performed by third parties on terms set by those providers, including various web based services such as web hosting and web based advertising. Similarly, CRFTD may assist with the incorporation of third party software or features into your website(s). In addition to the other Terms herein, such services are subject to the following specific terms:

2.1. In all such cases, these third party services, software, features or other benefits (collectively, the “Third Party Services”) shall at all times be subject to the terms of the third party providers and any laws or regulations applicable to those services.

2.2. CRFTD shall have no liability to you in connection with the Third Party Services, including the quality of such service, any temporary or permanent interruption, outage, or unavailability of the service or any features relating to such service, or any refusal, denial, or discontinuation of the service by such provider for any reason.

2.3. All charges for Third Party Services provided for your benefit shall be your payment responsibility, whether such charges are billed directly to you by the third party provider or billed to CRFTD by the third party provider and charged to you by CRFTD. All such charges billed to CRFTD shall be paid by you promptly after such amounts are invoiced to you by CRFTD.

3. Website Hosting and Email

CRFTD may provide website hosting and email services utilizing third party providers (sometimes referred to as data centers). In addition to the other Terms herein, such services are subject to the following specific terms:

3.1. CRFTD makes no representation and provides no warranty as to the accuracy or quality of information received by any person via a third party website hosting server in connection with any CRFTD services (the “Server”), and CRFTD shall have no liability for any loss or damage to any data stored on the Server.

3.2. You are encouraged to take reasonable actions to protect your interests in data stored on the Server, including appropriate and regular backups and the maintenance of adequate insurance coverage for any loss or damage to data stored on the Server.

3.3. Your use of the Server and any website on the Server will comply with all of the terms, rules, and regulations established by the third party data center.

3.4. You represent and warrant to CRFTD that you will use any website hosted on the Server only for lawful purposes. In particular, you represent and warrant that:

a. You will not use the Server in any manner that violates any law or regulation or that infringes the rights of any third party, nor will you authorize or permit any other person to do so.

b. You will not post, link to or transmit:

i. Any material that is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way as determined by CRFTD.

ii. Any material containing a virus or other hostile computer program.

iii. Any material that constitutes or encourages the commission of a criminal offense, or that infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person.

c. You will not utilize any resources provided by CRFTD, including any website hosting or email services, to send spam email, whether opt in or otherwise.

d. You will not employ programs that consume excessive system resources including, but not limited to, processor cycles and memory. CRFTD does not host IRC, IRC bots, or other server resource intensive programs.

e. If your hosting plan has bandwidth or disk storage limitations, your usage beyond those limitations will be subject to a surcharge for such excess usage at CRFTD’s customary prices then in effect. You are responsible for monitoring your bandwidth and disk storage usage, which may be easily monitored via your control panel. If your hosting plan does not have a bandwidth or disk storage limitation and your usage of either increases dramatically beyond expectations when such plan was established, you agree to work with CRFTD to appropriately accommodate such increases in usage. In the event of unusually heavy usage, additional fees may apply.

f. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.

g. You shall observe the procedures that we may from time to time prescribe and shall make no use of the Server that is detrimental to our other customers.

h. You shall ensure that all email is sent in accordance with applicable laws and regulations (including data protection legislation) and in a secure manner.

i. You will not send unsolicited email messages, including, without limitation, commercial advertising and informational announcements, or send email via scripts on the Server or using another site’s mail server to relay email.

j. You will be responsible for any and all costs incurred by CRFTD as a result of your violation of these Terms, including, but not limited to, attorney fees and costs resulting from such violations. If it is necessary for CRFTD’s technicians to address the results of any violations of these Terms, such as responding to complaints and providing cleanup of unsolicited commercial mailings and or unauthorized bulk mailings and or news server violations, you will be responsible for such services at the rate of US $300 per hour plus US $1 for each bulk email or Usenet message sent, plus US $1 per complaint received.

3.5. CRFTD reserves the right to remove from your website without notice any material that CRFTD deems inappropriate. CRFTD does not host illegally obtained software, underage adult or pornographic content, or content that infringes on another person’s intellectual property rights.

3.6. If CRFTD becomes aware of an alleged violation by you of its Terms regarding website hosting or email services CRFTD may initiate an investigation. During the investigation CRFTD may restrict your access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, CRFTD may, at its sole discretion, restrict, suspend, or terminate your account and or pursue other civil remedies. If such a violation is a criminal offense, CRFTD may notify the appropriate law enforcement department of such violation.

3.7. CRFTD does not issue service credits for any outages incurred through service disablement resulting from violations of these Terms.

3.8. Your access to other networks connected to CRFTD must comply with the rules appropriate for those other networks.

3.9. The hosting price agreement, if applicable, is honored for one year from the date of acceptance of the applicable Scope of Work or quote.

4. Client Responsibility to Monitor Advertising and Marketing Material

CRFTD may assist with the creation of advertising and marketing related material and the dissemination of such material on various websites, including social media sites. In addition to the other Terms herein, such services are subject to the following specific terms:

4.1. You are responsible for monitoring all such material being generated and disseminated by CRFTD on your behalf, and the responses, replies, and other customer and community reactions to such material.

4.2. You are responsible for promptly notifying CRFTD of any concerns or objections you may have regarding any such material so CRFTD may take timely action to address such concerns or objections.

4.3. You are responsible for all charges relating to the dissemination of such material during any and all periods that you provide no objection or request for change to CRFTD.

5. Payment Responsibilities; Consequences of Non payment

You are responsible for payment for Services as provided by the Scope of Work and any invoices that CRFTD may issue with regard to the Services. Your payment responsibilities include payment to CRFTD for the charges paid by CRFTD to third party providers in connection with Services that have been delivered or for which payment has been irreversibly committed even if you subsequently provide notice of concerns or objections regarding those Services.

5.1. Standard Payment Terms. Unless otherwise specifically agreed between you and CRFTD in writing, all payments are due not later than thirty (30) days following the invoice date for such amounts.

5.2. Custom Payment Option for Design Projects. For custom website design and development projects not under the CRFTD Website Plan, a fifty percent (50%) non refundable deposit is required before the design project begins. The deposit may be paid by cash, check, ACH, credit card, or upon request, cryptocurrency. Once the build is complete, the remaining balance is required in full before the website design goes live. All deliverables must be provided before the design project begins as specified in the Scope of Work.

5.3. CRFTD Website Plan Payment Terms. For clients on the CRFTD Website Plan, invoices will be sent on the first day of each month and payment is due within five (5) days of the invoice date. The CRFTD Website Plan requires payment via credit card, ACH, or cryptocurrency only.

5.4. Accepted Payment Methods. CRFTD accepts payment via cash, check, ACH, credit card, and upon request, cryptocurrency. Payment method requirements for specific service plans are detailed in the applicable sections of these Terms and in the Scope of Work.

5.5. Interest on Past Due Amounts. CRFTD may assess interest at the rate of thirty percent (30%) per year (two and one half percent [2.5%] per month) on all amounts past due until such amounts are paid, or the maximum rate permitted by applicable law, whichever is less.

5.6. Service Suspension for Non payment. If you fail to pay any sums due to CRFTD within the time that they are due, CRFTD may suspend the Services and or cancel the Services without notice to you.

5.7. Suspension at 30 Days Past Due. If any of your charges are thirty (30) days or more past due, CRFTD may suspend any and all of CRFTD’s services, including the discontinuation of the operation of and or access to any hosted website of yours and the related data, until your unpaid balance is paid in full with any interest that has accrued on past due amounts.

5.8. Account Deletion at 61 Days Past Due. If any of your charges are sixty one (61) days or more past due, CRFTD reserves the right to delete your account and all related data.

5.9. Domain Name Retention. CRFTD may refrain from releasing any domain name held in CRFTD’s name until your unpaid balance is paid in full with any interest that has accrued on past due amounts.

5.10. Returned Check Fee. If your check is returned as unpaid for any reason, you will be assessed a returned check charge of $45.00.

5.11. CRFTD Website Plan Non payment. For clients on the CRFTD Website Plan who fail to make monthly payments, CRFTD reserves the right to apply the early termination fee as specified in Section 9.3 in addition to any other remedies available under these Terms.

5.12. Additional Remedies. CRFTD’s rights as provided herein are in addition to CRFTD’s rights to pursue collection of any unpaid past due amounts, and in addition to any other legal or equitable rights that may accrue to CRFTD as a result of your late payment or non payment of charges.

6. Performance of CRFTD Services

CRFTD will make reasonable efforts to perform and deliver its services within the time period identified in the Scope of Work or other documents relating to such services. However, circumstances beyond the control of CRFTD may sometimes prevent delivery within such time period, and in such cases CRFTD shall have no liability to you for such delay.

6.1. In its discretion, CRFTD may arrange for some CRFTD services or portions of such services to be performed by persons or organizations outside CRFTD.

6.2. At your request, CRFTD may provide consulting assistance regarding compliance with the various rules and regulations applicable to your activities in connection with the Services, particularly including the rules and regulations of third party providers. CRFTD does not warrant the accuracy of any information, direction, or advice CRFTD may provide in this regard, and you are solely responsible for your compliance with all such rules and regulations.

6.3. In the event of an urgent development regarding the services CRFTD is providing you, if CRFTD cannot timely contact you for specific instructions regarding such development, CRFTD may then take action on your behalf as it deems best considering such circumstances without liability to you.

6.4. CRFTD will provide you credentials for the Services you engage. It is your responsibility to maintain security regarding those credentials. CRFTD can assist in the resetting of passwords, but cannot retrieve existing passwords.

6.5. In the event of an outage in your service or any other urgent matter, you are free to contact us in any reasonable manner.

6.6. CRFTD reserves the right to address support matters in any reasonable order, including on the basis of the severity of the need. CRFTD will make reasonable efforts to respond to support requests within twenty four (24) to seventy two (72) hours, excluding U.S. federal holidays and major disaster events. This timeframe is a guideline and not a guarantee, and actual response times may vary based on the complexity and volume of support requests. Response times are estimates and not a service level agreement or guarantee, and CRFTD does not provide service credits for support response times.

7. Website Design and Development Services

For website design and development projects, the following terms apply in addition to all other Terms herein:

7.1. Design Review Process. A live mockup or staging site will be presented for design review. Two (2) rounds of revisions will be provided, with a total time allocation of up to four (4) hours for revisions. Revision requests should be provided in the same format as the Website Content was originally delivered (such as .doc, .docx, .txt, .rtf, or other rich text document format). A mockup may be a static design or prototype, and a staging site is a non production environment used for review prior to launch.

7.2. Additional Functionality and Custom Development. Additional functionality or features requested after acceptance of the quote, which were not included in the original Scope of Work, are subject to custom development fees ranging from $75 to $250 per hour, depending on the complexity and nature of the work required.

7.3. Warranty Period. Website builds are warranted against defects in CRFTD’s work for six (6) months after the launch date, unless a different warranty period has been agreed to in writing outside these Terms. This warranty covers only defects in CRFTD’s development work and does not cover issues arising from third party plugins, themes, hosting provider issues, client modifications, or changes to third party services integrated into the website.

7.4. Client Provided Content. You are solely responsible for all content, images, video, text, and other materials you provide to CRFTD for use in your website (“Client Content”). You represent and warrant that you have all necessary rights, licenses, and permissions to use and authorize CRFTD to use the Client Content, and that the Client Content does not infringe upon any third party intellectual property rights or violate any applicable laws. CRFTD shall have no liability for any issues, claims, or violations arising from Client Content you provide.

8. Service Availability

CRFTD will make reasonable efforts to make available to you at all times the Services you have engaged, but CRFTD shall not, in any event, be liable for interruptions of or downtime of the Services. Furthermore, CRFTD shall not be liable for non receipt, misrouting, or other failure of email, content management systems, or data routing or manipulation.

8.1. CRFTD shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than seven (7) days you will be notified of the reason. CRFTD does not offer any sort of compensation on any network uptime guarantee.

8.2. The Services provided to you cannot be transferred or used by anyone other than you without CRFTD’s prior written consent. This restriction includes but is not limited to the transfer or sharing of hosting accounts, storage allocations, plugin licenses, and other service related resources. This provision does not prohibit transfer of services in the event of a legitimate business acquisition, merger, or corporate restructuring, provided that CRFTD is notified in writing and the acquiring entity agrees to be bound by these Terms.

9. Term and Termination

The term period for any services engaged by you will be as set forth in the Scope of Work. Continuing services (for example, site edits, website hosting and email services) shall automatically renew for additional term periods of equal duration (or as stipulated in the Scope of Work) unless you provide notice of intent not to renew at least thirty (30) days prior to the expiration of the current term.

9.1. Default Contract Terms. Unless otherwise stated in your Scope of Work, the default period for all contracts is twelve (12) months with automatic renewal for the same period.

9.2. CRFTD Website Plan Terms. For clients on the CRFTD Website Plan, the initial term is twenty four (24) months unless otherwise stated in your Scope of Work. The CRFTD Website Plan does not automatically renew at the end of the initial twenty four (24) month term, but monthly billing will continue at the same rate on a month to month basis until either party provides thirty (30) days written notice of termination.

9.3. Early Termination of CRFTD Website Plan. For clients on the CRFTD Website Plan who wish to terminate before the end of the initial twenty four (24) month term, an early termination fee will apply. The parties acknowledge and agree that the CRFTD Website Plan pricing structure includes the amortized cost of the website build and initial implementation work spread across the initial term, together with ongoing hosting, maintenance, and security services. Client acknowledges that the CRFTD Website Plan rate reflects discounted upfront build pricing spread over the initial term rather than billed as a separate lump sum project fee. Accordingly, the early termination fee is calculated as one hundred percent (100%) of the remaining monthly payments due through the end of the twenty four (24) month term. The parties agree this amount represents liquidated damages reflecting CRFTD’s investment of time, reserved capacity, and discounted pricing structure, and is not a penalty. Upon receipt of the early termination fee and payment in full of all outstanding balances, CRFTD will release the website to you in accordance with Section 10.

9.4. Termination for Breach. If you violate these Terms, CRFTD may immediately suspend or cancel the Services and pursue all available legal remedies, including but not limited to collection of all amounts owed, early termination fees if applicable, and recovery of attorney fees and costs incurred in enforcing these Terms.

9.5. CRFTD’s Right to Terminate. CRFTD reserves the right to terminate Services at any time without cause. In that event you will be entitled to a refund of any amounts paid for Services not yet delivered. For the CRFTD Website Plan, such refund shall be calculated on a pro rated basis for the current monthly billing period only.

9.6. Website Suspension for Non payment. Because CRFTD provides hosting and maintenance services that are essential to website security and functionality, in the event of non payment or breach of these Terms, CRFTD may suspend the website and discontinue all services until the issue is rectified through payment in full, including any applicable fees, interest, or early termination charges.

10. Intellectual Property, Licenses, and Data Ownership

10.1. CRFTD Developed Custom Code. All custom code, plugins, themes, and software developed by CRFTD specifically for your project (“Custom Code”) shall remain the intellectual property of CRFTD. Upon full payment of all fees owed, you are granted a non exclusive, non transferable license to use the Custom Code solely for the website or project for which it was developed. This license does not permit you to redistribute, resell, or relicense the Custom Code without CRFTD’s prior written consent.

10.2. Third Party Licenses. Third party themes, plugins, software, services, or other products that are purchased, licensed, or implemented in connection with the Services (“Third Party Products”) are governed by the applicable third party provider’s terms. Ownership and licensing rights in Third Party Products remain with the applicable provider or licensor, and you receive only the rights granted under the applicable third party terms. If a Third Party Product is purchased or provisioned through CRFTD’s accounts or reseller arrangements, your right to use that Third Party Product may be limited to the term of CRFTD’s Services or the term permitted by the third party. Upon termination of services and payment in full of all amounts owed, CRFTD will reasonably cooperate with you to transfer, reassign, or assist you in obtaining replacement licenses for essential Third Party Products where feasible and permitted by the third party provider.

10.3. CRFTD Website Plan License Restrictions. For clients on the CRFTD Website Plan, the restrictions in Sections 10.1 and 10.2 apply during the term of the agreement. Clients may not take possession of their website, custom code, or third party licenses until the contract term is fulfilled or the early termination fee specified in Section 9.3 is paid in full.

10.4. Administrative Access Restrictions. Because CRFTD is engaged to maintain, secure, and support websites and hosting environments as part of an integrated maintenance and security program, CRFTD reserves the right to restrict, limit, or condition administrator level access to websites and systems managed by CRFTD where CRFTD reasonably determines such access would materially increase security risk, jeopardize stability, interfere with maintenance obligations, or create conflicting changes that CRFTD cannot safely support. This may include limiting the number of administrator accounts, enforcing least privilege access, temporarily restricting access during incident response, or requiring changes to be routed through CRFTD’s support process. Upon your reasonable request, CRFTD will provide appropriate access levels needed for normal business operations, provided such access does not materially increase security risk or impair CRFTD’s ability to perform the Services. In an emergency where you require access to address time sensitive business continuity needs, CRFTD will use commercially reasonable efforts to provide temporary access or an alternative path to accomplish the required task. Upon termination of services and full payment of all invoices due, clients may request full administrative credentials and website files, subject to the license restrictions outlined in this Section 10.

10.5. Website Portability. Clients are free to migrate their website to another hosting provider after all outstanding invoices are paid in full and subject to the license restrictions in this Section 10. CRFTD will reasonably cooperate with such migration efforts for clients in good standing.

10.6. Client Content Ownership. You retain all ownership rights to Client Content you provide to CRFTD. By providing Client Content to CRFTD, you grant CRFTD a non exclusive license to use, modify, and display the Client Content solely for the purpose of performing the Services.

10.7. Open Source and GPL Compliance. Custom Code developed by CRFTD for WordPress websites may be subject to the GNU General Public License (GPL) or other open source licenses as required by WordPress and related frameworks. To the extent required by such licenses, CRFTD will provide you with the source code and applicable license terms. However, this does not affect CRFTD’s ownership rights or the license restrictions outlined in this Section 10 for proprietary aspects of the Custom Code.

11. WordPress Plugin Sales and Licensing Agreement

This Section 11 applies only to users who purchase, download, install, or use CRFTD WordPress plugins sold or distributed through Really Simple Plugins (reallysimpleplugins.com) or other CRFTD properties. If you do not purchase or use CRFTD plugins, this Section 11 does not apply to you.

For WordPress plugins sold through Really Simple Plugins or other CRFTD properties, the following additional terms apply:

11.1. Plugin License Grant. Upon purchase of a CRFTD plugin, you are granted a non exclusive, non transferable license to use the plugin on the number of websites specified at the time of purchase (single site, up to 5 sites, unlimited sites, etc.). The license is personal or business specific and may not be shared, resold, or transferred to another individual or company without CRFTD’s prior written consent, except in the case of a legitimate business acquisition, merger, or corporate restructuring.

11.2. GPL Compliance. CRFTD WordPress plugins are licensed under the GNU General Public License version 2 (GPL v2) or later. You may use, modify, and distribute the plugin code consistent with the GPL. CRFTD retains copyright ownership in its original contributions to the plugin. Separate from the GPL licensed code, any license keys, update delivery services, hosted update endpoints, support services, documentation, trademarks, branding, and website content provided by CRFTD are proprietary and are not granted under the GPL unless expressly stated.

11.3. Plugin Updates and Support.

a. One Time Purchase Plugins. For plugins sold as one time purchases (non subscription), you will receive plugin updates and basic support for one (1) year from the date of purchase. After one year, you may continue to use the plugin, but updates and support will no longer be provided unless you purchase a renewal or upgrade to a subscription plan if available.

b. Subscription Based Plugins. For plugins sold on a subscription basis, you will receive plugin updates and support for the duration of your active subscription. If your subscription lapses, you may continue to use the version of the plugin you have installed, but you will not receive updates or support until the subscription is renewed.

11.4. No Warranty for Compatibility. While CRFTD makes reasonable efforts to maintain plugin compatibility with current versions of WordPress, CRFTD does not warrant that plugins will be compatible with all versions of WordPress, all themes, or all other plugins. You are responsible for testing plugin compatibility in your specific environment.

11.5. Prohibited Uses. You may not:

– Remove or modify any copyright notices or license information from the plugin
– Use CRFTD trademarks, branding, marketing materials, or product names in a way that creates confusion or implies endorsement
– Access, use, share, resell, or redistribute CRFTD license keys, update access, support entitlements, or customer accounts except as expressly permitted by these Terms
– Distribute CRFTD plugins through a commercial marketplace or repository in a manner that violates CRFTD trademarks, misrepresents origin, or misleads users about support, updates, or affiliation
– Use the plugin in violation of applicable laws or regulations

11.6. Plugin License Transfer Restrictions. Plugin licenses purchased from CRFTD may not be sold or transferred to another company or individual except in the case of a legitimate business buyout, acquisition, merger, or corporate restructuring where the entire business entity is transferred to a new owner. In such cases, CRFTD must be notified in writing, and the new owner must agree to be bound by these Terms.

11.7. Refund Policy for Plugins. CRFTD offers a fourteen (14) day refund policy for plugin purchases. Refund requests must be submitted within fourteen (14) days of the original purchase date. Subscription renewals are non refundable.

12. Refund Policy

12.1. CRFTD Website Plan. There are no refunds available for the CRFTD Website Plan. Monthly payments are non refundable and no pro rated amounts will be issued upon cancellation. Early termination is subject to the buyout fee specified in Section 9.3.

12.2. Custom Website Design Projects. The fifty percent (50%) deposit required for custom website design and development projects is non refundable once the project has commenced. The final fifty percent (50%) payment is due before the website goes live and is non refundable once the website is delivered.

12.3. Hosting and Maintenance Services.

a. Annual Hosting Plans. For annual hosting and maintenance plans, if you cancel before six (6) months have elapsed, you are entitled to a pro rated refund of the unused portion of your annual fee. If you cancel after six (6) months have elapsed, no refund or pro rated amount will be issued.

b. Monthly Hosting Plans. Monthly hosting and maintenance plans are billed monthly and are non refundable. Cancellation must be requested at least thirty (30) days before the next billing cycle to avoid being charged for the following month.

12.4. Plugin Purchases. Plugin refunds are governed by Section 11.7 of these Terms.

12.5. CRFTD Initiated Termination. If CRFTD terminates Services without cause as permitted in Section 9.5, you will be entitled to a refund of any amounts paid for Services not yet delivered, calculated on a pro rated basis where applicable.

13. Warranties and Disclaimers

13.1. Limited Warranty for Custom Development. CRFTD warrants that Custom Code developed by CRFTD will:

a. Be free of malware, viruses, and malicious code at the time of delivery;

b. Not infringe upon third party intellectual property rights to the extent the code was created originally by CRFTD (this warranty does not extend to third party code, plugins, themes, or services integrated into the project);

c. Substantially meet the written specifications and acceptance criteria expressly set forth in the applicable Scope of Work in all material respects, as determined by CRFTD using reasonable professional judgment. Minor defects that do not materially impair core functionality or the stated purpose of the deliverable do not constitute a breach of this warranty.

13.2. Third Party Code Disclaimer. CRFTD integrates third party plugins, themes, and services into many projects. CRFTD does not warrant the quality, security, or functionality of third party code. CRFTD makes reasonable efforts to use reputable third party solutions, but cannot inspect or guarantee all third party code, and third party code is subject to change via automatic updates from the third party providers. You acknowledge that third party code is provided “as is” and CRFTD has no liability for defects, security vulnerabilities, or failures in third party code.

13.3. General Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.1, YOU EXPRESSLY AGREE THAT THE SERVICES AND PRODUCTS PROVIDED BY CRFTD ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. CRFTD HEREBY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES, INCLUDING ANY WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, SERVICE QUALITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

13.4. Claims Period. No claim shall be brought more than one (1) year following the happening of the event giving rise to such claim.

14. LIMITATION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY OF CRFTD IN CONNECTION WITH THE USE OF ANY SERVICES OR PRODUCTS PROVIDED BY CRFTD, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO CRFTD FOR SUCH SERVICES OR PRODUCTS IN THE SIX MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL CRFTD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES OR PRODUCTS PROVIDED BY CRFTD. YOU AGREE THAT YOU WILL NOT HOLD CRFTD RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE SERVICES OR PRODUCTS PROVIDED BY CRFTD.

15. Force Majeure

CRFTD shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond CRFTD’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, utility failures, internet service provider failures, third party hosting provider outages, or failures of third party services upon which CRFTD relies. In the event of a force majeure situation lasting more than thirty (30) days, either party may terminate the affected Services upon written notice to the other party.

16. Confidentiality

16.1. Mutual Confidentiality. Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed by the other party in connection with the Services (“Confidential Information”). Confidential Information includes but is not limited to business plans, customer data, login credentials, proprietary processes, financial information, and any information marked as confidential.

16.2. Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law or court order.

16.3. Security Measures. Both parties agree to use reasonable security measures to protect Confidential Information and to limit access to Confidential Information to employees and contractors who have a legitimate need to know such information.

17. Indemnity

You shall indemnify CRFTD and hold CRFTD harmless from and against any breach by you of these Terms and any claim brought against us by a third party resulting from the provision of Services by CRFTD to you and your use of the Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by CRFTD as a result of your breach or non observance of these Terms. This indemnification specifically includes any claims arising from Client Content you provide to CRFTD.

18. Applicable Law

18.1. Informal Dispute Resolution. Before filing suit, the parties agree to attempt in good faith to resolve disputes by providing written notice describing the issue and allowing at least fifteen (15) business days to cure or resolve, unless emergency injunctive relief is needed.

You agree that these Terms and the relationship between you and CRFTD shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and CRFTD, shall be brought exclusively in the courts located in Daviess County, Kentucky or the U.S. District Court for the Western District of Kentucky. You agree to submit to the personal jurisdiction of the courts located within Daviess County, Kentucky or the U.S. District Court for the Western District of Kentucky, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

19. Inappropriate Conduct Prohibited

You shall not post, using any of the Services provided by CRFTD, defamatory, scandalous, or private information about a person without their consent, material intended to inflict emotional distress, or material that infringes any intellectual property rights.

19.1. Any abuse towards any CRFTD employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. Cursing, yelling, or other intentionally disruptive behavior directed at CRFTD or any of CRFTD’s employees is a violation of these Terms. Similarly, any threat, whether oral, written, or delivered by third parties and directed towards CRFTD or any of CRFTD’s employees, partners, equipment, and concerns is a violation of these Terms.

19.2. CRFTD shall have the sole discretion for determining whether inappropriate conduct has occurred.

19.3. No refunds shall be given when a suspension or cancellation of Services is the result of inappropriate conduct.

20. General Terms

Headings are included in these Terms for convenience only and shall not affect the construction or interpretation of these Terms.

20.1. These Terms, together with any Scope of Work setting forth the Services to be provided by CRFTD, contain the entire understanding between CRFTD and you relating to the subject matter covered by these Terms and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between CRFTD and you regarding such matters. No oral explanation or oral information given by any party shall alter the application and interpretation of these Terms.

20.2. There are no third party beneficiaries of the Services or these Terms.

20.3. CRFTD reserves the right to amend or modify these Terms at any time, effective immediately upon posting the amended or revised Terms on our website (URL: https://crftd.dev/terms-and-privacy). It is your responsibility to check these Terms from time to time for any such amendments or modifications.

20.4. Unless you specifically direct otherwise in writing, CRFTD may use your name and a general description of the project as a client reference in CRFTD’s marketing communications and portfolio. CRFTD will not disclose confidential details of your project without your prior written consent. By engaging CRFTD and accepting these Terms, you acknowledge this client reference permission is part of the agreement unless you opt out in writing. To opt out, you must email CRFTD with the subject line “Client Reference Opt Out” or provide written notice through your Scope of Work or service onboarding documentation.

20.5. “CRFTD” refers to Crabtree Systems LLC, a Kentucky limited liability company, doing business as CRFTD, CRFTD Plugins, CRFTD Web Development & Consulting, Really Simple Plugins, and AxisPoints, with a mailing address of 3656 Thruston Dermont Rd., Owensboro, KY 42303.

20.6. Privacy Policy. CRFTD’s collection and use of personal information, if any, is described in CRFTD’s Privacy Policy published at the same URL as these Terms or as otherwise posted by CRFTD.

20.7. Survival. Sections relating to payment obligations, intellectual property, confidentiality, indemnity, limitation of liability, dispute resolution, and any other provisions that by their nature should survive termination will survive termination or expiration of these Terms.

20.8. Assignment. You may not assign or transfer these Terms or any rights or obligations without CRFTD’s prior written consent, except in connection with a bona fide merger, acquisition, or sale of substantially all assets. CRFTD may assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.

Appendix A. Optional Arbitration Agreement

This Appendix A applies only if a Scope of Work, order form, checkout, or other written agreement between the parties expressly incorporates this Appendix A. If not incorporated, disputes are governed by Section 18.

A.1. Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be resolved by binding arbitration administered by a reputable arbitration provider mutually selected by the parties. Arbitration will take place in Kentucky unless the parties agree otherwise in writing.

A.2. Class Action Waiver. The parties agree that disputes will be arbitrated only on an individual basis. No class actions, private attorney general actions, or representative actions are permitted in arbitration.

A.3. Small Claims Carve Out. Either party may bring an individual action in small claims court if the claim qualifies, so long as the action remains in small claims court and is not removed or appealed to another court.

A.4. Injunctive Relief. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidentiality, or to prevent unauthorized access or misuse of systems, pending the outcome of arbitration.

A.5. Fees and Costs. Each party will bear its own legal fees and expenses unless the arbitrator awards fees under applicable law or contract.

A.6. Arbitrator Authority. The arbitrator will have authority to award any relief available under applicable law, subject to the limitations and disclaimers in these Terms.

A.7. Final and Binding. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

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