Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you (“you” or the “Client”) and Mainsail (“Mainsail,” “we,” “us,” or “our”). They govern your access to and use of our done-for-you business-launch platform, our website, and the deliverables we produce for you (together, the “Service”).

By creating an account, purchasing a package, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.

2. The Service

Mainsail collects information from you through a single intake and uses it — with the help of AI and human operators — to produce a set of business-launch deliverables, which may include an offer, go-to-market plan, leads and CRM setup, business plan, website, brand, social content, and hosting.

Every deliverable is reviewed by a member of our team before it is released to you. Work that involves spending money or provisioning external resources on your behalf (such as domains, lead sourcing, AI generation at scale, or CRM workspaces) does not begin until your payment is received.

We may change, improve, or discontinue parts of the Service over time.

3. Your account

We use passwordless sign-in via one-time codes sent to your email. You are responsible for keeping access to your email secure and for all activity that happens under your account. Notify us promptly if you believe your account has been accessed without your authorization.

4. Your responsibilities

• Provide accurate, complete, and current information during intake and thereafter.
• Use the Service and any deliverables lawfully and in compliance with all applicable laws and regulations, including those specific to your industry.
• Ensure you own or have the necessary rights to any materials you provide to us (such as logos, text, images, testimonials, and trademarks), and that our use of them to deliver the Service will not infringe anyone’s rights.
• Obtain and maintain any third-party accounts, licenses, or registrations that your business requires, unless we have agreed to handle them for you.
• Review deliverables before you rely on or publish them.

5. Fees, payment, and refunds

Package pricing is presented to you before purchase. Fees are due as described at checkout. Except where required by law or expressly stated by us in writing, fees are non-refundable once work has begun. Any third-party costs that you incur directly (for example, domain registration or advertising spend) are your responsibility unless we agree otherwise.

6. Client materials and license to us

You retain ownership of the materials and information you provide to us. You grant Mainsail a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process those materials for the purpose of operating the Service and producing and delivering your deliverables.

7. Ownership of deliverables

Upon your full payment for the applicable package, we assign to you ownership of the final deliverables we produce specifically for you, except for any third-party materials and any Mainsail Property (defined below), which are licensed rather than assigned.

“Mainsail Property” means our platform, software, tools, methodologies, templates, prompt sets, and any other technology or know-how we use to produce deliverables, together with any improvements to them. Mainsail Property remains our exclusive property. Nothing in these Terms transfers ownership of Mainsail Property to you, and we may reuse general skills, techniques, and knowledge gained in providing the Service.

8. Use of your name and logo

You grant Mainsail the right to use your business name, logo, and a general description of the work we did for you to identify you as a client of Mainsail — for example, on our website, in portfolios, and in marketing materials. We will use reasonable efforts to present your brand accurately. You may withdraw this permission at any time by contacting us in writing, after which we will stop new uses within a reasonable period; this does not require us to recall materials already in circulation.

9. AI-generated content and no professional advice

Deliverables are produced with the assistance of AI and may contain errors, omissions, or content that does not fit your circumstances, even after human review. You are responsible for reviewing all deliverables before relying on them.

The Service and its deliverables are provided for general business purposes only and do not constitute legal, financial, tax, accounting, or other professional advice. Business plans, financial projections, and similar materials are illustrative and are not guarantees of any outcome. You should consult qualified professionals before making decisions.

10. Third-party services

The Service integrates with and relies on third-party providers (such as hosting, analytics, AI, payment, email, and CRM providers). We are not responsible for the availability, performance, or acts and omissions of third-party services, and your use of them may be subject to their own terms.

11. Disclaimers

The Service and all deliverables are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any deliverable will achieve any particular business, revenue, or other result. Your business results depend on many factors outside our control, and we make no guarantee that your business will succeed.

12. Limitation of liability

To the maximum extent permitted by law, Mainsail and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, arising out of or relating to the Service or any deliverable, even if we have been advised of the possibility of such damages.

We take no responsibility for the performance of any deliverable or for the success or failure of your business. In particular, we are not liable if a deliverable does not work as you expected or if your business does not achieve the results you hoped for.

Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the total amount you actually paid to Mainsail for the Service in the twelve (12) months immediately before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In that case, our liability is limited to the smallest extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Mainsail and its owners, employees, and contractors from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of the materials you provide, your use of the Service or any deliverable, your business, or your breach of these Terms or of any law or third-party right.

14. Confidentiality

Each party may receive information from the other that is confidential. Each party agrees to protect the other’s confidential information and to use it only as needed to perform under these Terms, except that Mainsail may use your information as described in our Privacy Policy and may exercise the marketing rights in Section 8.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service unlawfully or in a way that could harm Mainsail or others. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and confidentiality — will survive.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you. Your continued use of the Service after changes take effect means you accept the updated Terms.

17. Governing law and disputes

These Terms are governed by the laws of Delaware, without regard to its conflict-of-laws rules. The courts located in that jurisdiction will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction and venue.

18. General

These Terms, together with our Privacy Policy, are the entire agreement between you and Mainsail regarding the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.

19. Contact us

Questions about these Terms? Contact us at [email protected].