Terms of Service

Last updated: September 12, 2026

Overview

These terms govern your use of Freewave.dev, a service operated by Carrot & Flower LLC, doing business as Freewave.Online ("Freewave," "we," "us"). By signing up or continuing to use the service, you agree to these terms. We've kept the language plain and straightforward — no surprises.

Eligibility

You must be at least 18 years of age to use Freewave. By signing up, you represent that you are 18 or older and have the legal capacity to enter into this agreement.

The Service

Freewave provides unlimited website development and management for a flat monthly fee. Here's how it works: you submit requests, we work through them one at a time. When one request is finished, we move on to the next. There's no cap on the total number of requests you can make.

Fair Use

"Unlimited" means you can submit as many requests as you like over the life of your subscription. To keep things running smoothly for everyone, a few common-sense guidelines apply:

  • One active request at a time. We complete your current request before starting the next one.
  • Reasonable scope. A request should be a single page, feature, design change, or similar unit of work — not "build me an entire SaaS platform from scratch." If something is genuinely large, we'll work with you to break it into manageable pieces.
  • Personal or business use. The work we do is for your own website(s). Reselling our development services to third parties isn't what this plan is designed for.
  • We may split large requests. If a request is big enough that it makes sense to deliver in stages, we reserve the right to break it into smaller deliverables so you get usable work sooner.

Acceptable Use

We're happy to build just about anything for you, but a few things are off-limits. You agree not to use Freewave to:

  • Host or distribute illegal content, malware, phishing pages, or ransomware
  • Sell illegal goods or services
  • Infringe on third-party copyrights, trademarks, or other intellectual property
  • Engage in harassment, hate speech, or defamation
  • Send spam or engage in fraudulent activity
  • Send text messages to anyone who has not personally agreed to receive them from you
  • Resell or redistribute our development services to third parties

Violating this policy may result in immediate termination of your account without refund or notice.

Text Messaging

If you use our text marketing feature, a few things are worth being plain about, because text messaging is regulated far more tightly than email.

You are the sender. We provide the tooling and handle the carrier registration on your behalf, but the messages are from your business, sent to your customers, under your business's own carrier registration. In legal terms you are the sender and we are the conduit.

Consent is your responsibility. You may only text people who have personally agreed to receive marketing texts from your business — in practice, someone who ticked the consent box on your website. Specifically, you agree that you will not:

  • Text a number obtained from a purchased, rented, scraped, or shared list
  • Text a number that gave you consent for something else — an order, a booking, an email newsletter
  • Upload or import numbers that did not opt in through your own site
  • Continue texting anyone who has replied STOP or otherwise asked you to stop

We record the consent for you — the wording shown, the date, and the IP address — and we honour STOP automatically. That record exists to help you, but it does not transfer the obligation: if you text someone who never agreed, that is your liability, not ours.

The information you give the carriers must be accurate. Your legal business name, tax ID, and address are submitted to the US carriers for approval. Giving us information that is wrong, or that belongs to a different business, can get your registration refused or revoked.

What we don't promise. Carrier approval is not ours to grant and can be refused or withdrawn at any time. Individual messages can be filtered or delayed by a carrier for reasons outside our control. We don't guarantee approval, delivery, or delivery speed, and registration fees already spent aren't refundable if a carrier says no.

Message content must follow carrier rules. The US carriers restrict what may be sent over registered business messaging, independent of consent. Content that is illegal, deceptive, or that promotes hate or harassment is prohibited outright. Regulated categories — including alcohol, tobacco or vaping, firearms, gambling, and adult content — carry additional carrier requirements (for example, alcohol promotions require an age-verified audience). You are responsible for the content of your messages meeting these rules; if a carrier suspends or revokes a campaign because of content, that is not a failure of our service.

Carrier fines and penalties are yours. Carriers and their registration bodies can levy fines, surcharges, or penalties for messaging violations — sending without valid consent, prohibited content, or misuse of a registered campaign. Any such fine or penalty attributable to messages sent from your account, or to information you supplied for registration, will be passed through to you and is due on receipt.

Our compliance tooling helps you; it does not take over your duty. We record consent, honour STOP automatically, block sending outside permitted hours, and cap volumes. These features are provided as assistance. They do not shift legal responsibility for compliance from you to us, and a message our tooling permitted is not thereby a message you were legally entitled to send.

Generated policy pages are templates, not legal advice. If we generate a privacy policy, terms page, or consent form for your website as part of setup, that text comes from a standard template. We are not a law firm, no attorney has reviewed the text, and it is provided as a convenience and starting point only. You are responsible for reviewing it, for its accuracy, and for whether it suits your business; you accept this again, expressly, before we publish it.

We may stop your messages immediately. If we receive a complaint, a carrier takes action against your number, or we have reasonable grounds to believe messages are going to people who did not consent, we may suspend your text messaging without notice. We'd rather talk to you first, and normally will — but the exposure here is large enough that we reserve the right not to wait.

Selling Through Your Site (Payments)

If you install the Payments app, your website can take orders. Before it can, you connect your own Stripe or Square account. Everything below follows from that one fact.

We are not a party to the sale. Your buyer pays you, directly, on your own processor account. Freewave never holds, receives, or moves the money, and no part of it passes through our balance. We take no commission and no per-transaction fee — Payments is included in your plan.

Your processor's agreement governs the money. Stripe or Square decide whether to approve your account, what they will let you sell, when they pay out, and whether to hold or reverse funds. Those decisions are between you and them. We can't grant, appeal, or overturn them, and if your processor restricts your account your store will stop taking orders until you resolve it with them.

What you sell, and to whom, is your responsibility. That includes the legality of the goods or services, any licensing your trade requires, describing accurately what a buyer is paying for, and honouring it once they have.

Fulfilment, refunds, and chargebacks are yours. We show you an order; we don't ship it, refund it, or defend a dispute. If a buyer charges back, that is between you, them, and your processor — the money was never ours to return.

Sales tax is yours. The store does not calculate, collect, or remit sales tax, VAT, or any other transaction tax, and does not determine where you have an obligation to. If your sales are taxable, working that out and paying it is your job. Ask an accountant — we are not one.

Your order list is a convenience, not the record. We store a copy of each order so you can see it in your portal. Your processor's own dashboard is the authoritative record of what was charged and what settled. Where the two disagree, theirs is right.

Your buyers' details are yours, held by us for you. An order record includes the buyer's name and email address. That information belongs to you and to them, not to us: you decide what your store tells buyers about how their data is used, and we hold it only to show you your own orders. We do not market to your buyers, and we delete these records when your account is deleted, along with everything else.

We may stop your store. If we have reasonable grounds to believe a store is being used for fraud or for something illegal, we may disable checkout without notice. As with text messaging, we would rather talk to you first and normally will.

Subscription, Billing & Auto-Renewal

We offer one all-inclusive plan at $39/month. Every subscription starts with a 7-day free trial. Customers who subscribed under earlier plans or pricing keep their existing terms.

What the $39 covers. Unlimited change requests, hosting, and every app in the Apps store — including Contact Form, Site Stats, Booking, Reservations, RSVP, Surveys, Reviews, Quote Requests, Waitlist, Documents, News, and Payments. There is no per-app fee and no commission on anything you sell.

Optional usage add-ons. Two apps send messages on your behalf, and at higher volumes those carry a separate monthly charge on top of your plan:

  • Newsletter — 100 emails per billing period are included. Sending more is optional and priced in monthly tiers by email volume.
  • SMS — text messaging is not included in the base plan. It is an opt-in add-on priced in monthly tiers by message volume, plus any carrier registration fees described in the SMS section above.

Current tier pricing for both is shown in your portal before you choose a tier, and no add-on is ever started without you selecting it. Add-on charges appear as separate line items on your invoice and can be cancelled at any time, taking effect at the end of the current billing period. No other app carries a usage charge.

Auto-renewal: Your subscription automatically renews at the end of each billing cycle (monthly or annually) at the then-current rate. After your free trial ends, you will be charged automatically unless you cancel. You can cancel at any time through your portal account — cancellation takes effect at the end of your current billing period.

Refunds

During your 7-day free trial, you can cancel at any time without being charged. Once the trial ends and billing begins, all payments are non-refundable. Because we begin work on your project immediately, we cannot offer partial refunds for unused portions of a billing period.

If we terminate your account (not for an acceptable use violation), we'll refund the unused portion of any prepaid subscription fees.

Failed Payments

If a payment fails, here's what happens:

  • Day 0: We'll email you with a link to update your payment method. Your service continues uninterrupted.
  • Day 7: If payment still hasn't been received, your subscription will be cancelled and your website will be taken offline.

We want to keep you as a customer — if you're having trouble with payments, reach out and we'll work with you.

Cancellation & Account Archival

You can cancel your subscription at any time through your portal account or by contacting us. Cancellation takes effect at the end of your current billing cycle.

When your subscription is cancelled, your website is taken offline and your account is archived. We retain your website files and data for 90 days after cancellation. During this period you can reactivate your account by starting a new subscription, and your existing site will be restored.

We'll send you reminder emails at 30 days, 7 days, and 1 day before your data is permanently deleted. After 90 days, all website files and account data are permanently removed and cannot be recovered.

Termination

Either party can cancel the subscription at any time. We also reserve the right to terminate your service at any time, for any reason, with 30 days' written notice. If we terminate your account (not for an acceptable use violation), we'll refund the unused portion of any prepaid subscription fees.

We may terminate your account immediately and without notice if you violate our Acceptable Use policy, engage in illegal activity, or repeatedly fail to pay. In such cases, no refund is provided.

Upon termination, your website is taken offline and your account is archived per our data retention policy (90 days). You may download your website files as a .zip from the site export in your portal account before termination takes effect. You remain responsible for any outstanding invoices.

Your Content & Intellectual Property

You own your content and you own the finished website we build for you — it's yours, full stop. We don't claim ownership over any work product delivered to you. Upon termination, all rights in completed work remain yours, and you're free to self-host and maintain the site independently.

You do not own third-party libraries, open-source components (governed by their respective licenses), or any reusable templates or frameworks we use across multiple customer sites.

We do retain the right to showcase the work in our portfolio and marketing materials, unless you ask us not to. Just let us know and we'll keep it private.

Copyright & DMCA

We respect intellectual property rights. If we receive a valid DMCA takedown notice claiming your site infringes someone's copyright:

  • We'll notify you of the claim
  • The infringing content will be taken down pending resolution
  • You may file a counter-notice if you believe the takedown is invalid
  • We'll restore the content if we receive a valid counter-notice and the claimant doesn't pursue legal action within 14 days

To file a DMCA notice, contact us at [email protected].

Service Availability

We do our best to keep your website running smoothly, but we do not guarantee any specific uptime percentage. Your website's availability depends on third-party infrastructure (hosting, DNS, CDN) that is outside our control. We are not responsible for:

  • Hosting provider outages or performance issues
  • DNS or domain registrar problems
  • CDN or Cloudflare downtime
  • Internet connectivity failures

Warranty Disclaimer

Freewave is provided "as-is" and "as-available" without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will meet your specific requirements, be uninterrupted or error-free, or that any defects will be corrected within a particular timeframe.

Limitation of Liability

Freewave handles website development. We don't provide hosting, domain registration, or third-party services (email platforms, analytics tools, payment processors, etc.). You're responsible for keeping those running.

In no event shall Freewave be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our service, including but not limited to loss of profits, data, business opportunities, or goodwill. Our total liability for any claim is limited to the amount you've paid us in the 12 months preceding the claim. Your exclusive remedy for any claim is a refund of fees paid.

Nothing in this section limits your obligations under the Indemnification section below — the cap applies to our liability to you, not to your liability under your indemnity.

Indemnification

You agree to indemnify, defend, and hold harmless Freewave and its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

  • Your content, instructions, or business activities
  • Your infringement of third-party intellectual property rights
  • Your violation of any laws or these terms
  • Disputes between you and your website's users or customers
  • Text messages sent from your account — including any claim under the Telephone Consumer Protection Act (TCPA) or comparable state law, any claim that a recipient did not consent, and any carrier fine or penalty attributable to your messages
  • Content we generated at your request and you approved for publication, including generated policy pages

Your indemnification obligations are not subject to the Limitation of Liability above and survive termination of your account, as do the Limitation of Liability, Dispute Resolution, and Governing Law sections themselves.

Force Majeure

We're not liable for any failure to perform our obligations due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or major infrastructure failures. In such cases, our obligations are suspended for the duration of the event, and we'll work with you on alternatives.

Dispute Resolution

We'd rather work things out than go to court. If a dispute arises, you agree to first contact us at [email protected] and attempt to resolve it informally for at least 30 days before taking any formal action.

If informal resolution fails, any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in San Juan County, Washington. Each party bears their own costs unless the arbitrator decides otherwise.

Class action waiver: You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding.

Governing Law

These terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. To the extent that litigation is permitted (outside of arbitration), you consent to the exclusive jurisdiction of the state and federal courts located in San Juan County, Washington.

Severability

If any provision of these terms is found to be unenforceable or invalid by a court, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Freewave regarding the service. They supersede any prior agreements, communications, or understandings — whether written or verbal.

Waiver

Our failure to enforce any provision of these terms at any time does not waive our right to enforce that provision — or any other provision — in the future.

Assignment

You may not assign or transfer your account or any rights under these terms without our prior written consent. We may assign our rights and obligations under these terms at any time — for example, in connection with a merger, acquisition, or sale of assets — without notice or consent.

Notices

We will send official notices to the email address associated with your account. You are responsible for keeping your email address up to date in your portal. Notices are considered received when sent — it's your responsibility to monitor your inbox. You may send notices to us at [email protected].

Changes to These Terms

We may update these terms from time to time. When we do, we'll update the "Last updated" date at the top of this page and notify you by email. Continued use of the service after changes are posted constitutes acceptance of the revised terms.

Questions?

If anything here is unclear, reach out. You can email us at [email protected] or call (321) 222-0889.