Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Wynkoop Consulting LLC (“we”, “us”, “our”), which operates the Make It Real website builder, hosting platform, and related products (collectively, the “Service”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Eligibility and accounts

You must be able to form a binding contract in your jurisdiction. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.

The Service

We provide tools to host static websites, collaborate on projects, and optional features such as AI-assisted editing, custom domains, DNS management, hosted email, contact and inbox tools, scheduling pages, analytics, billing bundles, and related administrative features. We may modify, suspend, or discontinue features with or without notice, subject to applicable law and any separate agreement for paid plans.

Your content

You retain ownership of content you upload, create, send, receive, or configure through the Service, including website files, images, copy, email messages, attachments, DNS records, scheduling pages, booking information, and project settings. You grant us a worldwide, non-exclusive license to host, store, transmit, reproduce, display, route, process, and back up your content solely as needed to operate, secure, support, and improve the Service. You represent that you have the rights necessary to grant this license and that your content does not violate these Terms or applicable law.

Content from your visitors

The Service lets you collect content and personal information from other people: form and data collection submissions, booking and invitee details, inbound email, and anything else visitors send through a site you publish. As between you and us, that information is your content, and we process it on your behalf as your service provider in order to operate the Service. How we handle it is described in our Privacy Policy.

You are responsible for what you collect and what you do with it. You agree to post an accurate privacy notice on your site, to have a lawful basis and any required consent for collecting and using visitor information, to honor requests from your visitors to access, correct, delete, or stop using their information, and to comply with applicable privacy, anti-spam, and consumer protection law. You will not use the Service to collect payment card numbers, government identifiers, health records, or other sensitive categories of information unless you have the safeguards and permissions the law requires. The Service is not designed for, and must not be used to process, data subject to PCI DSS, HIPAA, or similar regimes.

If you configure a webhook, integration, or AI provider that sends submissions outside the Service, that transfer happens at your direction and on your responsibility, and the receiving party’s terms govern what happens to the data afterward.

You are also responsible for content other people publish through your account, including content contributed by collaborators, clients, or delegated users, and for moderating anything your visitors can cause to appear on a site you operate.

Reporting content, takedowns, and copyright

To report content hosted on the Service that you believe is illegal, infringing, or in breach of these Terms, email support@wynkoopconsulting.com with the URL, a description of the problem, and how to reach you. We review reports and may remove or restrict content, suspend a project or account, or take other action we consider appropriate. We are not obligated to monitor content, and acting or declining to act on a report is not an admission about the content or a waiver of any right.

For copyright, we respond to notices that comply with the Digital Millennium Copyright Act. A notice should include your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material you say is infringing, with enough detail for us to locate it; your contact information; a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf. Send notices to support@wynkoopconsulting.com with “DMCA” in the subject line.

If your content was removed in response to a notice, you may send a counter-notice with the same contact and signature details, identification of the removed material and where it appeared, and a statement under penalty of perjury that you have a good faith belief it was removed by mistake or misidentification, together with your consent to the jurisdiction of the federal court for the district where you live — or, if you are outside the United States, the District of Oregon. Misrepresentations in a notice or counter-notice can carry liability. We terminate the accounts of repeat infringers in appropriate circumstances.

Showcase

Projects are not featured publicly unless you turn on the showcase setting for them. When you do, you grant us a non-exclusive, revocable license to display that project’s name, published site, screenshots, and recorded previews, with a link, on our showcase page and related marketing. Turn the setting off, or email support@wynkoopconsulting.com, and we will stop featuring it.

AI-generated output

AI-assisted features may generate code, copy, images, layouts, or other suggestions based on your prompts and project context. You are responsible for reviewing AI output before publishing or using it, including checking accuracy, legality, accessibility, security, and whether it infringes third-party rights. We do not guarantee that AI output will be accurate, complete, unique, or suitable for your intended purpose.

Domains and email

Domain registration, DNS, and email features depend on third-party registrars, registries, DNS providers, email delivery systems, and internet standards outside our full control. Domain availability is not guaranteed until registration is completed by the registrar. You are responsible for keeping domain contact information accurate, complying with registry and ICANN requirements, and using email features lawfully.

We may suspend or limit email sending, receiving, forwarding, domains, DNS records, or related accounts if we detect abuse, deliverability risk, security risk, legal risk, or violation of these Terms. We do not guarantee uninterrupted email delivery, inbox placement, domain availability, DNS propagation timing, or registrar renewal outcomes.

Scheduling and communications

Scheduling tools are provided for convenience. You are responsible for your availability, booking rules, confirmations, cancellations, and communications with invitees. We are not responsible for missed meetings, calendar conflicts, incorrect availability, third-party calendar issues, or business outcomes from appointments booked through the Service.

Team members and delegated access

If you invite collaborators, email sub-users, team members, clients, or other delegated users, you are responsible for their access and activity under your projects, domains, email addresses, and account resources. Remove access promptly when it is no longer appropriate.

Fees

Certain features may require payment. Fees, billing cycles, and refunds are described at checkout or in your account. Taxes may apply. Failure to pay may result in suspension or termination of paid features or your account.

Paid bundles may include multiple resources, such as a website, domain, email addresses, scheduling, or other features. Unless stated otherwise at checkout, subscriptions renew automatically until canceled. Domain registration or renewal costs may be bundled into a subscription or billed separately depending on the product purchased. Canceling a project, bundle, or domain may not immediately refund amounts already paid or reverse registrar charges already incurred.

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WYNKOOP CONSULTING LLC AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR ONE HUNDRED DOLLARS (USD $100), EXCEPT WHERE PROHIBITED BY LAW.

Indemnity

You will defend and indemnify us and our affiliates, officers, and employees against any third-party claims, damages, and costs (including reasonable attorneys’ fees) arising from your content, your use of the Service, or your violation of these Terms or applicable law.

Termination

You may stop using the Service at any time. We may suspend or terminate your access for breach of these Terms, risk of harm, non-payment, legal requirement, or other legitimate reasons. Deleting a project or canceling a subscription may remove hosted files, DNS records, email access, scheduling pages, analytics, and related configuration. Provisions that by their nature should survive (including content licenses needed for wind-down, limitations of liability, indemnity, dispute resolution and arbitration, and governing law) will survive termination.

Dispute resolution and arbitration

This section requires you and Wynkoop Consulting LLC to arbitrate disputes individually and limits how you can seek relief from us. Please read it carefully.

Informal resolution first

Before starting an arbitration, you agree to try to resolve the dispute informally. Send a written notice describing the dispute, what you have already tried, and the relief you want to support@wynkoopconsulting.com; we will send ours to the email address on your account. Both sides agree to negotiate in good faith for 30 days after the notice is received. Neither side may begin an arbitration before that period ends, and any applicable limitations period is tolled while it runs.

Agreement to arbitrate

If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship — whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, and whether it arose before or after these Terms took effect — will be resolved by binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.

How arbitration works

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules where they apply, or its Commercial Arbitration Rules where you use the Service for business purposes, in each case as modified by this section. The rules and filing instructions are available at adr.org. A single arbitrator will decide the dispute. Unless we agree otherwise, the seat of the arbitration is Portland, Oregon, and you may choose to have it conducted by telephone or video conference, on written submissions alone, or in person in the county where you live. The arbitrator may award the same individual relief a court could, including declaratory and injunctive relief, and the award may be entered as a judgment in any court of competent jurisdiction. The arbitrator — not a court — decides questions about the interpretation, scope, enforceability, or formation of this arbitration agreement, except that a court decides whether a dispute falls within the “Exceptions” or “Batch arbitration” paragraphs below.

Fees

The AAA rules govern payment of filing, administration, and arbitrator fees. Where the Consumer Arbitration Rules apply and your claim is for USD $10,000 or less, we will pay those fees beyond the initial filing fee you owe under the rules, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each side otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.

Individual basis only; class action waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the rest of this section continues to apply to everything else.

Jury trial waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

Exceptions

Either of us may bring an individual claim in small claims court if it qualifies and stays there. Either of us may also ask a court for injunctive or other equitable relief to stop actual or threatened infringement or misuse of intellectual property, or unauthorized access to the Service. Nothing here prevents either of us from reporting a matter to a government agency or waives any right that cannot be waived under applicable law.

Batch arbitration

If 25 or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same or coordinated counsel, you and we agree they may be administered in batches of up to 50, with one arbitrator and one set of fees per batch, and that any applicable limitations period is tolled for demands awaiting a batch. This paragraph is meant to make resolution more efficient and does not create class or representative arbitration.

Your right to opt out

You may opt out of this arbitration agreement by emailing support@wynkoopconsulting.com with the subject “Arbitration Opt-Out” within 30 days of first accepting these Terms, or within 30 days of the date this section was added, whichever is later. Include your name and the email address on your account. Opting out affects nothing else in these Terms, and we will not close your account or change your access because you opted out.

Changes and survival

If we materially change this section after you accept these Terms, the change does not apply to any dispute for which you had already given notice, and you may reject it by emailing us within 30 days of it being posted — in which case the version you accepted continues to govern disputes between us. This section survives termination of your account and of these Terms. If any part of it other than the class action waiver is found unenforceable, that part is severed and the rest remains in effect.

Governing law

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules, except where mandatory consumer protections apply in your country or state of residence. Subject to the arbitration agreement above, you and we agree that the state and federal courts located in Multnomah County, Oregon have exclusive jurisdiction over any dispute not resolved in arbitration, and each of us consents to personal jurisdiction there.

Changes

We may update these Terms. We will post the revised Terms on this page and update the “Last updated” date. Your continued use after changes become effective constitutes acceptance of the revised Terms where permitted by law.

Contact

For questions about these Terms, contact us at support@wynkoopconsulting.com.