Dovemark Terms of Service
Last updated: Tuesday, August 11, 2026
These Terms of Service (the "Terms") are an agreement between you and Dovemark Inc. ("Dovemark", "we", "us", "our"), a corporation incorporated under the Canada Business Corporations Act, with its registered office at 970 Burrard Street, Vancouver, BC V6Z 2R4.
They govern your access to and use of the Dovemark website, the website-building and hosting service, and everything we provide with it (together, the "Service").
Please read them. We have added plain-language notes in indented boxes throughout. Those notes are summaries for convenience only. They are not part of the agreement and have no legal effect — where a note and the terms differ, the terms govern.
BY CREATING AN ACCOUNT, BY PUBLISHING A WEBSITE, OR BY OTHERWISE USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
IF YOU ARE USING THE SERVICE ON BEHALF OF A BUSINESS, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS, AND "YOU" MEANS BOTH YOU AND THAT BUSINESS.
SECTION 5 CONTAINS PROMISES YOU MAKE ABOUT THE BUSINESS YOU ARE BUILDING A WEBSITE FOR. SECTION 6 EXPLAINS THAT YOU — NOT WE — ARE RESPONSIBLE FOR THE CONTENT OF YOUR WEBSITE, EVEN THOUGH WE GENERATE THE FIRST DRAFT OF IT. SECTIONS 19, 20 AND 21 LIMIT WHAT WE ARE LIABLE FOR. THESE ARE THE SECTIONS MOST LIKELY TO MATTER TO YOU.
1. These terms, and changes to them
1.1 Acceptance. You accept these Terms by creating an account, by claiming a website, or by publishing a website. Simply viewing a draft we generated about your business is not acceptance and does not make these Terms apply to you — see §15.2.
1.2 Capacity. You confirm you are at least 18 years old, or the age of majority where you live if that is older, and that you are legally able to enter into this agreement.
1.3 Changes. We may change these Terms. If a change materially reduces your rights or increases your obligations, we will give you notice at least 30 days in advance, by email to the address on your account or by a prominent notice in the Service. Other changes take effect when we post them. Changes are never retroactive. If you do not agree to a change, your remedy is to cancel before it takes effect — see §11.6. Continuing to use the Service after a change takes effect means you accept it.
1.4 The whole agreement. These Terms, together with any terms we present to you for a specific feature, are the entire agreement between us about the Service, and replace anything said or written before. Our Privacy Policy is a separate document and is not part of these Terms (§23).
Nothing on our marketing pages, in our FAQ, or said by anyone on our behalf adds to or changes these Terms. This does not limit any right you have under consumer-protection law in respect of a statement we have made, and it is not an attempt to disclaim responsibility for our own advertising.
2. Who this is for, and where
The Service is offered to businesses located in Canada and the United States. We do not offer it in the European Union, the European Economic Area, or the United Kingdom, and you may not use it to publish a website targeted at customers in those regions without our written agreement.
3. What Dovemark provides
3.1 The Service. Dovemark builds, hosts, and manages a website for a local business. Specifically, we:
- generate a first draft of a website automatically, using information from the business's public Google Business Profile and information you give us;
- let you review and change that draft — text, photographs, colours, fonts, contact details, and which sections appear — before anything is published;
- publish and host the website once you approve it and have an active paid plan;
- register and manage a domain name for the website, as described in §12;
- provide a contact form on the website, and collect the enquiries it receives into a dashboard for you (§14);
- keep a version history of your website so you can go back to an earlier version; and
- may send postal mail to businesses that are not yet customers, showing them a preview of a website we have generated for them (§15).
3.2 The Service changes. We may add, change, or remove features. If we remove a feature you are actively relying on, we will give you reasonable notice where we practically can.
3.3 Features described as coming. We sometimes describe features as planned or coming soon. Those descriptions are not promises and are not part of what you are paying for. A planned feature may change substantially or never ship. Only the features actually available to you at a given time form part of the Service.
3.4 Not a marketplace, and not your agent. We provide software and hosting. We are not a party to any dealing between you and your customers, we do not sell anything on your behalf, and we do not act as your agent.
4. Your account
4.1 Accurate information. You must give us accurate, current, and complete information when you sign up, and keep it up to date. We rely on it — for your invoices, for the registrant details on your domain name (§12), and to reach you.
4.2 Security. You are responsible for your password and for everything done through your account. Tell us promptly if you believe your account has been accessed without your permission. We are not liable for loss caused by someone else using your account, unless it was our fault.
4.3 Business use. You confirm that you are using the Service to carry on a business, and not for personal, family, or household purposes. We recognise that this confirmation does not, on its own, decide whether consumer-protection law applies to you, and nothing in these Terms takes away a right you have under a law that cannot be contracted out of.
4.4 One website per business. The Service is designed to give a business a single website. We may refuse to create, or may merge or remove, a second website for a business that already has one.
5. ⭐ The business you are building a website for
This is the most important section in these Terms. Read all of it.
5.1 What you promise us
Each time you create a website, claim a website, edit a website, or publish a website, you represent and warrant to us that:
(a) you are the owner of the business the website is about, or an employee, officer, director, or agent of that business who is authorised by that business to create, control, and publish a website for it;
(b) you have the authority to enter into these Terms on that business's behalf and to bind it;
(c) you are authorised to use the business's name, trading names, trade marks, logos, photographs, reviews, and other identifying material in the way the website uses them;
(d) the information you give us or confirm about the business is true, and you are entitled to publish it; and
(e) publishing the website will not infringe or misappropriate anyone's rights, and will not mislead the public about who operates the business.
These are continuing representations. They must be true every time you use the Service, not only when you sign up. If any of them stops being true — for example, you leave the business, or your authority is withdrawn — you must stop using the Service for that business and tell us promptly.
5.2 We do not verify this, and you must not assume that we do
We do not verify that you own or are authorised to represent any business. We do not check business registrations, licences, or your relationship to a business, and we do not confirm with anyone else that you are entitled to act for it. Our systems accept what you tell us.
You must not rely, and must not lead anyone else to rely, on the existence of a Dovemark website as evidence that the person who controls it is connected to the business it describes. The fact that we generated, hosted, or published a website says nothing about who is entitled to operate the business.
We may, but are not obliged to, ask you at any time for evidence that you own or are authorised to represent a business. We may suspend a website while we wait for it, and may treat a failure to respond within a reasonable time as a failure to hold the authority you claimed.
(If we later add a verification step — for example, confirming a telephone number published on a business's Google Business Profile — passing it still only means you passed that step. It is not a finding by us that you own the business, and it does not reduce your responsibility under §5.1.)
5.3 Websites we made before you arrived
We generate draft websites for businesses that are not yet customers, using publicly available information, and we may post them an invitation to look at it (§15). If you reached us that way:
(a) receiving a postcard, a link, or a preview from us does not mean we have decided that you own the business, and gives you no right to the website unless §5.1 is actually true of you;
(b) a draft we generated is not published and is not live. We instruct search engines not to index it, and we do not publish, promote, advertise, or link to it anywhere. It does not become a live website until someone claims it, approves it, pays for a plan, and publishes it; and
(c) if you are not the owner of the business or authorised by it, you must not claim the draft. Claiming it is a breach of these Terms.
5.4 If someone else has already claimed the business
Only one account can control the website for a business. If you try to create or claim a website for a business that is already claimed by another account, we may refuse, or allow you to work on a draft but prevent it from being published, until the conflict is resolved.
We do not decide who owns a business. We are a software company, we have no ability to adjudicate that, and we will not try to. Where a genuine dispute exists we may:
(a) keep the position as it is; (b) suspend the website, the domain name, or both while the dispute continues; (c) ask each party for evidence and act on what we reasonably conclude from it; or (d) decline to act at all and leave the parties to resolve it between themselves.
Any decision we make about who controls an account, a website, or a domain name is administrative and final as between you and us. It is not a determination of legal ownership of the business, and it binds nobody outside the Service. We will act reasonably and in good faith, and we are not liable to you for the outcome of a dispute we did not cause.
5.5 Telling us about a website that misrepresents your business
If you believe a Dovemark website misrepresents your business, or is controlled by someone not entitled to act for it, contact us at getdovemark@gmail.com. Please include the business name and address, the website address, who you are and your connection to the business, and what you say is wrong.
We will look into it. Where we reasonably believe a website breaches §5.1 we may suspend or remove it, with or without notice, and we may tell the account holder what was reported and who reported it. We may reinstate a website if the account holder responds with evidence we reasonably find satisfactory.
This applies whether or not you are a Dovemark customer.
5.6 What happens if you breach this section
A breach of §5.1 is a material breach of these Terms. What we may do depends on how certain we are, and the difference matters — we may be wrong about you.
(a) Where we reasonably suspect a breach, we may immediately unpublish the website and suspend the account. We will tell you why, and give you a fair opportunity to respond with evidence. We will keep your website content and your enquiries for at least the period in §17.6 while this is resolved, and we will restore your website and account if the suspicion is not made out. Suspicion alone is not a reason for us to delete anything.
(b) Where a breach is established — you accept it, you do not respond within a reasonable time, the evidence shows it, or a court or regulator so decides — we may additionally delete the website, close the account, stop managing and cease renewing any domain name registered through us for it, and decline to refund the remainder of the period you have paid for.
(c) We may act immediately under (b) without the step in (a) where the law requires us to, or where waiting would expose someone to a real risk of harm or fraud.
You remain responsible under §21 for anything that follows, including claims by the business, its owners, or anyone misled.
5.7 This section survives
§5.1, §5.2, §5.6 and §21 continue to apply after your account is closed, in respect of anything that happened while it was open.
6. ⭐ AI-generated content, and your approval of it
6.1 How your website is written. The first version of your website is generated automatically, including by artificial intelligence, from your business's public Google Business Profile and from what you tell us. No human at Dovemark writes, reviews, or fact-checks it before you see it.
6.2 It can be wrong. AI-generated content can be inaccurate, incomplete, outdated, generic, or inappropriate for your business. We instruct our systems not to invent facts about your business — including not to state credentials such as "licensed", "insured", "certified", or "award-winning" unless you have told us so — but we do not guarantee that they never will. We make no representation or warranty about the accuracy, quality, originality, or suitability of any generated content, and generated content may not be unique to you.
6.3 Approval is yours, and it is an act. Before your website is published, you are shown the whole of it and given the opportunity to change anything. Publishing requires an affirmative act by you. We do not publish a website on your behalf without it.
6.4 What approval means. When you approve and publish content, you adopt it as your own. From that point it is your statement about your business, made by you, with the same effect as if you had written every word yourself — regardless of the fact that we generated the draft. You are solely responsible for it.
6.5 Your duty to check. You must review your website before publishing it and whenever you change it. In particular, you must check that:
(a) every factual statement about your business is true, including your name, address, telephone number, hours, and service area;
(b) any claim about licensing, insurance, certification, accreditation, qualifications, or awards is accurate — these are verifiable claims and a false one may expose you to regulatory action as well as to civil claims;
(c) any statement about pricing, availability, guarantees, warranties, or free services is one you can honour; and
(d) the content complies with the law that applies to your business, including advertising, consumer-protection, and professional-conduct rules, and any rules of a professional body you belong to.
6.6 Regulated businesses. If your business is in a regulated field — including health care, legal services, financial services, or a licensed trade — you are responsible for making sure your website satisfies your regulator's advertising rules. We do not know them and do not check against them.
6.7 Disclosure. You are responsible for any disclosure about AI-generated content that the law where you operate requires you to make.
6.8 Ownership of the content. As between you and us, you own the content of your published website — the words, the details of your business, and the photographs you upload. We assign to you whatever rights we have in the generated text of your website, though we do not warrant that copyright subsists in text generated by a machine. This does not give you rights in the underlying platform, templates, or code (§9), or in stock photographs (§10.2).
6.9 Technical markup we add, which is ours and not yours. When we serve your website we add technical markup that is not part of what you review and approve, and that you cannot edit — currently: structured data describing your business for search engines (including your Google rating and review count), canonical and indexing tags, and the photographer credits that stock photograph licences require (§10.2).
§6.4 does not apply to that markup. It is ours, not yours, and you do not adopt it. We are responsible for it. Where it states a fact about your business, we take that fact from your Google Business Profile without altering it — so if it is wrong there, it will be wrong in the markup, and correcting it at Google is the fix. The photographer credits must remain in place for as long as the photographs do; please do not remove them, including from an exported copy (§9.2).
7. Acceptable use
7.1 You must not use the Service to:
(a) break the law, or help anyone else to;
(b) build a website for a business you do not own or represent (§5), or impersonate any person or organisation;
(c) publish false or misleading claims about a business, its credentials, its products, its prices, or its results;
(d) publish content that infringes anyone's intellectual property, privacy, or publicity rights;
(e) publish content that is defamatory, harassing, hateful, obscene, sexually explicit, or that promotes violence or discrimination;
(f) operate a business that is unlawful where it operates, or that we reasonably consider fraudulent or deceptive — including fake reviews, bait-and-switch offers, or unlicensed regulated services;
(g) collect sensitive personal information through your website, including government identification numbers, health information, financial account numbers, or payment card numbers. The contact form is not built for this and must not be used for it;
(h) send unsolicited commercial email, or use a website built with the Service as a destination for spam;
(i) upload malicious code, or interfere with the Service, its security, or anyone else's use of it;
(j) probe, scan, or test the security of the Service without our written permission;
(k) scrape, crawl, or harvest data from the Service by automated means, other than ordinary search-engine indexing of your own published website;
(l) reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the extent the law says we cannot prevent it;
(m) resell, sublicense, or make the Service available to anyone else as a service of your own, without our written agreement; or
(n) access the Service to build a competing product, or to benchmark it for a competitor.
7.2 Enforcement. We may investigate suspected breaches, and may remove content or suspend or terminate access under §17. We are not obliged to monitor content, and the fact that something is published does not mean we have reviewed or approved it.
7A. Copyright, trade marks, and reporting infringement
7A.1 We respect intellectual property, and we expect the people who use the Service to. We respond to properly made complaints, and we may remove or disable content that we reasonably believe infringes.
7A.2 How to send us a notice. Email getdovemark@gmail.com with "Infringement notice" in the subject line, or write to us at the address in §25, marked for the attention of our Copyright Agent. Please include:
(a) your name, address, telephone number, and email address; (b) identification of the work, trade mark, or other right you say has been infringed, and enough detail for us to find it — including its registration details if it is registered; (c) the address of the website and, as precisely as you can, where on it the material appears; (d) a statement that you believe in good faith that the use is not authorised by you, your agent, or the law; (e) a statement that the information in your notice is accurate, and — where you are making a claim under the copyright law of the United States — that under penalty of perjury you are the owner of the right or authorised to act for the owner; and (f) your physical or electronic signature.
7A.3 What we do with it. Where the notice concerns a website we host and it meets the requirements of Canada's Copyright Act, we will forward it to the customer who controls that website, as that Act requires, and keep the records it requires us to keep. Where a notice is made under the copyright law of the United States and meets its requirements, we will act on it in accordance with that law. In either case we may remove or disable the material.
7A.4 If you receive a notice about your website, you may respond to us, and where the law provides for a counter-notice you may send one. We will pass a counter-notice to the complainant where the law requires or permits it. We do not decide who owns a copyright or a trade mark, and the position in §5.4 applies here too.
7A.5 Repeat infringers. We may terminate, under §17.2, the account of anyone who repeatedly infringes the rights of others.
7A.6 This is not the right route for an identity complaint. If your objection is that a website misrepresents your business or is controlled by someone not entitled to act for it, use §5.5 instead — it is a different problem with a different answer. If both apply, send both.
8. Your content, and the permission you give us
8.1 Your content stays yours. "Your Content" means everything you give us or create through the Service — your business details, text, photographs you upload, and the enquiries your website receives. You keep everything you owned before, subject only to §8.2.
8.2 The permission we need. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, adapt, format, transmit, and display Your Content for the purpose of operating and providing the Service to you, and improving and securing it. That licence lasts as long as we need it for those purposes and ends when your content is deleted, except for backups retained for a reasonable period.
The enquiries your website receives are excluded from the "improving" purpose. We handle those only to operate and secure the Service and to make them available to you (§14.2) — not to improve or develop it. They contain other people's personal information, and those people did not agree to anything with us.
8.3 What we will not do with it. We will not sell Your Content. We will not use your business's name, logo, or website to advertise Dovemark without asking you first. (We say this because several of our competitors reserve the opposite right. We are not reserving it.)
We do not use Your Content, or the enquiries your website receives, to train artificial-intelligence models. We send your business information to our AI provider for one purpose only — to generate or change your own website — and we do not licence it to anyone to train on (§10.1).
8.4 You must have the rights. You confirm you own Your Content or have permission to use it, including any photograph of a person, any logo, and anything you did not create yourself.
8.5 We may remove content. We may remove content that breaches these Terms. We are not obliged to store Your Content indefinitely, and you should keep your own copies of anything that matters to you.
9. Our intellectual property
9.1 What we own. We own the Service — the platform, the software, the website templates, the designs, the generation systems, and the Dovemark name and logo. Nothing in these Terms transfers any of it to you.
9.2 What you may do with the template. While you have an active plan, you may use the template your website is built on, as part of your website. If you export your website (§18.2), you may continue to use the exported files as your own website, indefinitely, including hosting them elsewhere. You may not resell the template, redistribute it, or use it to build websites for anyone else.
One condition, and it is not ours. Where the exported files include stock photographs, you must keep the photographer credits in place for as long as those photographs remain on the site — the licence those photographs are provided under requires it (§10.2). Replace the photographs with your own and the condition falls away with them.
9.3 What the export does not include. An export does not give you rights in stock photographs (§10.2), in the Dovemark name or logo, or in any part of the platform beyond the files exported.
9.4 Feedback. If you send us suggestions, we may use them without owing you anything. We are not obliged to use them, and you do not have to send them.
10. Third-party services and materials
10.1 Services we rely on. The Service depends on third parties, including our hosting and database providers, our payment processor, our domain registrar, our postal-mail provider, the providers of the artificial-intelligence systems that generate content, and Google, whose Business Profile and Maps data we use. Your business information is sent to these providers as needed to run the Service, including to an AI provider outside Canada. Our Privacy Policy describes this.
10.2 Stock photographs. Websites we generate may include stock photographs licensed from third-party providers. Those photographs are not owned by us and are not owned by you. They are provided under the provider's licence, they are loaded from the provider's servers rather than copied into your website, and they may stop being available. You may replace any of them with your own. If you want a photograph you own outright, upload your own.
10.3 We are not responsible for them. We do not control third-party services, and we are not liable for their acts, omissions, availability, or terms. If a third party stops providing something, or changes it, we may have to change or remove the corresponding part of the Service. Your dealings with any third party you engage yourself are between you and them.
10.4 Google data. Information we take from a Google Business Profile is Google's data about your business, presented under Google's terms. If it is wrong at Google, it will be wrong in your draft. Correcting it at the source is something only the business can do.
11. Fees, billing, and cancellation
11.1 The price. Dovemark costs US$24.99 for the first month and US$48.99 per month thereafter, unless we have agreed something different with you in writing. All amounts are in United States dollars. There is no setup fee and no minimum term.
11.2 What is included. Hosting, one domain name registered through us and kept renewed while your plan is active, unlimited edits, version history, the contact form and enquiry dashboard, and security and maintenance of the hosting.
11.3 Automatic renewal. Your plan renews automatically each month, and we charge your saved payment method, until you cancel. By subscribing, you authorise us to do so.
11.4 Payment processing. Payments are handled by our payment processor. We never receive or store your card number. Your use of the processor is subject to its own terms.
11.5 Taxes. Prices exclude sales, use, value-added, goods-and-services, and similar taxes. You are responsible for those, and we will add them where we are required to collect them. You are solely responsible for any tax arising from your own business.
11.6 Cancelling. You may cancel at any time, through your account. Cancellation takes effect at the end of the billing period you have already paid for; you keep full access until then. There is no cancellation fee.
⚠️ Deleting your account is not the same as cancelling. If you delete your account, your subscription ends immediately and the rest of the period you have paid for is not refunded. If you want to use the time you have already paid for, cancel first and delete later.
11.7 Refunds. Except as §11.8 provides or the law requires, fees already paid are not refunded, including for a partial month after you cancel. We do not refund a period during which the Service was available to you and you did not use it.
11.8 When we will refund. We will refund you where the law requires it, and we will consider a refund in good faith where the Service was substantially unavailable for an extended period for reasons within our control. This is not a service-level guarantee — see §13.3.
11.9 Failed payments. If we cannot collect payment, we may retry, and we may suspend your website until the balance is paid. If it remains unpaid for 30 days we may unpublish your website, and we may stop renewing your domain name (§12.5). We will email you before we do.
11.10 Price changes. We may change our prices. We will give you at least 30 days' notice before a change affects you, and it will not take effect until your next billing period after that notice. If you do not accept it, cancel under §11.6 before it takes effect.
11.11 Chargebacks. If you dispute a charge with your bank rather than with us, we may suspend your account while it is resolved. Please contact us first — most billing questions are a misunderstanding we can fix faster than a bank can.
12. Domain names
12.1 How it works. We register domain names for customers through a third-party registrar accredited by ICANN. We are a reseller, not the registrar. The registrar's own registration agreement, and ICANN's rules and policies, apply to your domain name in addition to these Terms, and we will pass them through to you on request. Where the registrar's terms or ICANN's policies conflict with these Terms in relation to a domain name, those terms and policies govern.
12.2 Your details are the registrant contact. We submit your name, email address, telephone number, and address as the ICANN registrant contact for your domain name. The domain name is held within an account we control at the registrar. This is why §4.1 matters — details that are inaccurate or out of date can put a domain name at risk under ICANN's rules.
12.3 Availability. We cannot guarantee that any particular domain name is available, and availability shown during a search can change before registration completes. Registration is final once it happens; a domain name cannot be un-registered.
12.4 Transferring it out. You may ask us to transfer your domain name to a registrar of your choice at any time, and we will do so at cost. Email us at getdovemark@gmail.com. You should know that:
(a) we will verify that the request comes from the account the domain name belongs to, and will send the transfer authorisation code only to the verified account email address — this protects you from domain theft, and we will not shortcut it;
(b) ICANN imposes a 60-day lock after a domain name is registered and after any change to registrant details, during which it cannot be transferred. If your domain name is inside that window we will tell you the date it becomes eligible;
(c) your new registrar will charge its own fee, which usually adds a year of registration; and
(d) once the transfer completes, your website will stop loading at that domain name unless you point it back at us or host it elsewhere. Tell us what you want to happen and we will help you plan it.
12.5 What happens to your domain if you cancel. When your plan ends, we stop paying to renew your domain name. It will not be cancelled immediately, but it will expire at the end of its current registration period, and after that it may enter a redemption period from which recovery is possible but expensive, and then be released for anyone to register.
If you want to keep it, transfer it out under §12.4 — ideally before you cancel. We will tell you your domain name and its expiry date during cancellation, and offer you the transfer then.
12.6 We may suspend a domain name where these Terms allow us to suspend the Service, where the registrar or ICANN requires it, or where it is being used unlawfully.
13. Publishing, hosting, and availability
13.1 Publishing requires an active plan. Publishing a website, and keeping it published, requires an active paid plan. Publishing without one is not permitted, and we may unpublish, and stop serving, any website that does not have one. We are not obliged to take a website offline the moment a plan ends, and the fact that we have not done so is not a waiver of this section or an entitlement to keep the website online.
13.2 We will try to keep it up. We will use reasonable efforts to keep the Service and your website available.
13.3 But there is no uptime guarantee. We do not promise any level of availability. The Service may be unavailable for maintenance, for upgrades, because of a third-party failure (§10), or for reasons outside our control (§24.5). We will try to schedule planned work at quiet times and to give notice where we practically can.
13.4 Backups. We keep version history of your website and take reasonable backups, but we do not guarantee that any particular version or backup can be recovered. Keep your own copy of anything you cannot afford to lose — §18.2 explains how.
13.5 Changes for legal or security reasons. We may modify, suspend, or remove any part of the Service, or any website, immediately and without notice where we reasonably believe it is necessary for legal, regulatory, or security reasons.
14. Your website's visitors, and their information
14.1 Enquiries are yours. Your website includes a contact form. Enquiries are stored and shown to you in your dashboard. As between you and us, the information in them is Your Content.
14.2 Your responsibilities to your visitors. You are responsible for complying with privacy and data-protection law in respect of the people who contact you through your website, including any obligation to publish a privacy policy, to obtain consent, to keep their information secure, and to respond to their requests about it. We handle that information on your behalf and on your instructions, for the purpose of providing the Service.
14.3 What we do. We store enquiries, apply automated checks that flag likely spam without deleting it, and make everything available to you. We store a one-way hash of the sender's IP address rather than the address itself, and use it only to detect abuse.
Some submissions are refused rather than stored: those that trigger a hidden anti-bot field, those sent to a website that is not published, and those arriving in extreme volume from one website (currently more than 300 in an hour). Ordinary busy periods are never refused — high volume is flagged for you to judge, not blocked.
14.4 No sensitive information. The contact form must not be used to collect the categories of information listed in §7.1(g), and you must not configure or describe it in a way that invites them.
14.5 We do not answer your enquiries. Responding to the people who contact you is yours to do. We do not monitor your enquiries and do not act on them.
15. If we contacted you before you were a customer
15.1 What we do. We identify local businesses from publicly available sources, generate a draft website for some of them from public information, and post them a card showing a preview and a link to it.
15.2 You owe us nothing. Receiving one creates no obligation, no account, no charge, and no agreement. Looking at a draft we generated about your business is not acceptance of these Terms and does not make them apply to you. They apply once you create an account, claim a website, or publish one (§1.1). If you do nothing, nothing happens.
15.3 The draft is not live. A draft we generate is not published and is not presented as your business's official website. We instruct search engines not to index it, and it is not listed, linked, or advertised anywhere — it is reachable by the code we sent you.
15.4 If you want it gone. If a draft has been generated about your business and you would rather it did not exist, email getdovemark@gmail.com and we will delete it and stop contacting you. You do not need to be a customer, explain why, or create an account.
15.5 If you want to keep it, §5.1 applies to you in full.
16. No guarantee of results, and no professional advice
16.1 No results. We do not promise that your website will improve your search rankings, bring you traffic, generate enquiries, win you customers, or increase your revenue. Nobody honestly can. Search engines are controlled by third parties whose ranking systems we do not control, cannot predict, and cannot influence on your behalf beyond ordinary good practice.
16.2 Search-engine optimisation. Where we describe the Service as optimised for search, we mean that websites are built following generally accepted technical practices. It is not a promise of any position, any ranking, or any level of visibility, and any report we give you is information, not a guarantee.
16.3 Not professional advice. Nothing in the Service, and nothing generated by it, is legal, tax, accounting, insurance, regulatory, or other professional advice. Do not treat generated content as advice about how to describe your business lawfully. If you need advice, get it from someone qualified to give it.
17. Suspension and termination
17.1 You may leave at any time by cancelling under §11.6 or closing your account.
17.2 We may suspend or terminate your access, your account, or your website:
(a) immediately, where you breach §5 (business identity) or §7 (acceptable use), or where we reasonably believe you have;
(b) immediately, where we are required to by law, or where we reasonably believe it is necessary to protect the Service, other customers, or the public;
(c) for non-payment, as set out in §11.9; or
(d) for any other reason, on 30 days' written notice to you.
17.3 Notice. We will give you notice before suspending or terminating, and a chance to put it right, except where §17.2(a) or §17.2(b) applies or where notice would defeat the purpose.
17.4 If we terminate without your fault — under §17.2(d), or because we stop offering the Service — we will refund the unused part of the period you have paid for, and we will give you a reasonable opportunity to export your website and take your domain name (§18).
17.5 What happens then. On termination: your access to the Service ends; we may unpublish your website, and may stop serving it at any time; amounts you already owe stay owing; and we stop renewing your domain name (§12.5). We are not obliged to keep your website online after your plan ends, and you should not rely on it remaining reachable.
17.6 Your data afterwards. We will keep your website content and enquiries for 30 days after termination so that you can export your website (§18.2) and copy out anything else you need. After that we may delete them permanently. Export first.
Where we terminated you under §17.2(a), we will still keep your content for those 30 days unless the breach is established under §5.6(b), or unless the law requires otherwise — a suspicion we have not made out is not a reason to delete your work.
17.7 What survives. §5.1, §5.2, §5.6, §6.4, §8.2, §8.4, §9, §11.7, §11.8, §12, §16, §17.4, §17.5, §17.6, §18, §19, §20, §21, §22 and §24 survive termination, along with anything else that by its nature should.
18. What you leave with
18.1 Your domain name. Transferable to your own registrar at cost, at any time — §12.4. If you cancel, transfer it out or it will eventually expire — §12.5.
18.2 Your website. Once your website has been published, you may export it as a set of files you can host anywhere. You can do this whenever you want, whether or not you currently have an active plan — including after you cancel and your account returns to the free plan. You do not have to be paying us to take your own website.
Two limits, and they are the only ones: your account must still exist — after termination, §17.6 governs how long we keep your content — and where a breach of §5 or §7 has been established under §5.6(b), we may delete your content immediately. A suspicion we have not made out does not take your export right away. You should know that:
(a) export gives you your published website. A website that has never been published cannot be exported, because there is nothing live to export;
(b) photographs you uploaded yourself are included in the export as files;
(c) stock photographs are not included. They remain loaded from the photograph provider's servers, because the licence they are provided under requires it. They will keep working, but they are not yours and can stop being available. Replace them with your own photographs if you need them permanently (§10.2); and
(d) the exported files are yours to host and use as your own website, under the licence in §9.2.
18.3 Your enquiries. Available in your dashboard while your account is open and during the period in §17.6.
19. Disclaimers
19.1 The Service is provided "as is" and "as available".
19.2 To the fullest extent the law allows, we disclaim all warranties, conditions, and representations not expressly stated in these Terms, whether express, implied, statutory, or arising from a course of dealing — including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
19.3 We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that it will meet your requirements; or that any content generated by it will be accurate, complete, current, original, or fit for your purpose.
19.4 Nothing in this section limits a right you have under a law that cannot be contracted out of. Where a warranty is implied by such a law and cannot be excluded, it is limited to the minimum period and extent that law permits.
20. Limitation of liability
20.1 Types of loss we are not liable for. To the fullest extent the law allows, we are not liable for: indirect, incidental, special, exemplary, punitive, or consequential loss; lost profits, revenue, savings, business, goodwill, or opportunity; lost or missed enquiries, customers, or sales; business interruption; loss or corruption of data; or the cost of substitute services — however caused, and even if we were told such loss was possible.
20.2 The cap. To the fullest extent the law allows, our total liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the total fees you paid us in the 12 months before the event giving rise to the claim, and (b) US$100.
20.3 More than one claim does not raise the cap.
20.4 What the cap does not apply to. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. If you have rights under consumer-protection legislation that cannot be contracted out of, this section does not take them away.
20.5 Allocation of risk. You acknowledge that the price of the Service reflects this allocation of risk, and that we would not provide it on these terms without it.
21. Indemnification
21.1 You will defend, indemnify, and hold harmless Dovemark, its directors, officers, employees, and agents from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost, and expense (including reasonable legal fees) brought by a third party and arising out of or relating to:
(a) your breach of §5 — including any claim by a business, its owner, or anyone else that a website was created, claimed, controlled, or published without authority;
(b) the content of your website, including anything generated and then approved by you under §6, and any claim that it is false, misleading, defamatory, or infringing;
(c) your breach of these Terms, or of any law;
(d) your dealings with your own customers, including the people who contact you through your website; or
(e) your handling of information about your website's visitors (§14.2).
21.2 We will notify you of any claim we seek indemnity for, and you may control the defence with counsel we reasonably approve — but you may not settle a claim in a way that imposes any obligation or admission on us without our written consent. We may participate at our own cost.
21.3 This section does not require you to indemnify us for our own fraud, or for anything a court finds we caused.
22. Disputes and governing law
22.1 Talk to us first. If something goes wrong, email getdovemark@gmail.com with what happened and what you want. We ask that you give us 30 days to resolve it before starting proceedings. Most problems are faster to fix this way, and this step costs you nothing.
22.2 Governing law. These Terms, and any dispute arising out of or relating to them or the Service — including non-contractual disputes — are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of- laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
22.3 Courts. The courts of the Province of British Columbia have exclusive jurisdiction, and you and we submit to them. This does not prevent either of us from seeking urgent injunctive relief in any court that can grant it, and does not prevent either of us from bringing a qualifying claim in a small-claims court.
22.4 If you live somewhere whose law gives you the right to bring proceedings locally, or protects you under local consumer law, this section does not take that right away.
22.5 Time limit. To the extent the law allows, any claim must be brought within one year after you first knew, or reasonably should have known, of the facts giving rise to it. This does not apply where you are a consumer under applicable law, or wherever the law does not permit the limitation period to be shortened — in those cases the statutory period applies.
23. Privacy
Our Privacy Policy explains what personal information we collect, why, who we share it with, where it is processed, and what rights you have. Some of our providers are located outside Canada, and information is processed there. The Privacy Policy is not part of these Terms and may change on its own.
24. General
24.1 Assignment. You may not assign or transfer these Terms without our written consent. We may assign them — to an affiliate, or in connection with a merger, reorganisation, or sale of the business — on notice to you.
24.2 Severability. If any provision is unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest continues in force.
24.3 No waiver. If we do not enforce a provision, that is not a waiver of it, and does not prevent us from enforcing it later.
24.4 No third-party rights. Nobody other than you and us has any right to enforce these Terms.
24.5 Events outside our control. Neither of us is liable for a failure or delay caused by something outside our reasonable control — including natural disaster, war, terrorism, civil unrest, epidemic, government action, labour dispute, power or internet failure, or the failure or withdrawal of a third-party service the Service depends on. This does not excuse you from paying amounts you owe.
24.6 Relationship. We are independent contractors. Neither of us is the other's agent, partner, employee, or joint venturer, and neither may bind the other.
24.7 Notices. We give you notice by email to the address on your account, or by posting in the Service. Keep your email address current — notice sent to the address on file is effective even if you do not read it. You give us notice at getdovemark@gmail.com.
24.8 Electronic communications. You consent to receiving communications from us electronically, and agree they satisfy any legal requirement that they be in writing.
24.9 Export and sanctions. You confirm you are not located in a country subject to a Canadian or United States embargo, and are not on any Canadian or United States list of restricted or prohibited parties.
24.10 Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation".
24.11 Language. These Terms are drawn up in English at the express wish of the parties. Les parties ont expressément demandé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais.
25. Contact us
Dovemark Inc. 970 Burrard Street, Vancouver, BC V6Z 2R4 getdovemark@gmail.com
To report a website that misrepresents your business, see §5.5. To ask us to delete a draft we generated about your business, see §15.4.