Effective: May 7, 2026
These Terms of Service (“Terms”) govern your use of the websites, products, and services offered by JadeTrade Marketplace LLC, a Maine limited liability company located at 1917 Appleton Ridge Rd, Appleton, ME 04862 (“JadeTrade,” “we,” “us”), including jadetradeapp.com, preview websites we host on your behalf, our self-checkout system, and our AI-powered services (the “Services”).
By visiting our website, accepting a preview website, purchasing through self-checkout, hiring us on Upwork, or signing a Master Services Agreement with us, you agree to these Terms. If you are agreeing on behalf of a business, you represent you are authorized to bind that business.
These Terms constitute a binding agreement between you (“Client,” “you”) and JadeTrade. You represent and warrant that you are authorized to act on behalf of any business for which you engage our Services, including authority to approve deliverables, authorize use of the business's name, logos, photographs, and content, and to bind the business to these Terms.
JadeTrade provides two categories of services:
(A) One-Time Website Redesigns — static front-end websites built with Next.js, hosted on Vercel, sold through our self-checkout system or via Upwork. A standard purchase includes the complete site as previewed, domain connection assistance, hosting on our Vercel account, and SSL.
(B) AI-Powered Services — recurring services including AI telephone receptionists, intake automation, scheduling integrations, customer follow-up workflows, and related software. AI Services are governed by a separately executed Master Services Agreement (MSA) between you and JadeTrade. These Terms apply in addition to the MSA; if there is a conflict, the MSA controls for AI Services.
A standard website purchase does not include: ongoing maintenance, content changes after delivery, domain registration, email hosting, e-commerce backend, database services, or SEO services beyond basic meta tags.
Any work beyond an agreed scope is available at our then-current hourly rate (currently $150/hr USD) through Upwork or via a written change order to your MSA. Additional work requires a separate agreement.
Self-checkout purchases are processed through Stripe, Inc. The full amount is due at purchase. We do not store credit card information. Payment data is handled by Stripe in accordance with PCI-DSS standards.
AI Services subscriptions are billed monthly via Stripe per the MSA. A failed recurring charge follows the retry and suspension terms in your MSA.
Upwork engagementsare paid through Upwork's payment system.
Self-checkout websites: Upon successful payment, the preview password is removed and DNS instructions are emailed. The site goes live on your domain when you update DNS.
AI Services: Delivery and Go-Live are governed by the Statement of Work attached to your MSA.
Self-checkout websites: All sales are final. The website is fully built and visible before purchase. If you experience a technical issue preventing access, contact us and we will resolve it.
AI Services: No refunds of partial-month fees. You may cancel under the termination terms of your MSA.
Upwork engagements:Governed by Upwork's Terms of Service.
Websites.Upon receipt of full payment, we assign to you ownership of the custom code, copy, and design files specifically created for your website (the “Custom Deliverables”), and we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use, display, modify, copy, host, and re-host the Custom Deliverables for your business purposes, including transferring them to a different host or developer. You retain all rights to your business name, logos, photographs, and original content. We retain ownership of, and the right to reuse in future projects, our general design techniques, reusable code patterns, libraries, and template structures that are not unique to your business. Permissively licensed open-source components included in the deliverables remain governed by their original licenses. We may reference completed projects in our portfolio unless you request otherwise in writing.
AI Services. IP ownership is governed by the MSA. In summary: you own your customer data; we own the Services platform.
Third-party components (open-source libraries, fonts, icon sets, AI models) are subject to their respective licenses. All third-party components are permissively licensed for their intended use.
Websites and AI Services are configured using information you provide and, for previews, publicly available business information. We make reasonable efforts to ensure accuracy, but you are responsible for reviewing all content and notifying us of inaccuracies. We are not liable for errors in content sourced from your public-facing materials or in AI-generated outputs.
The Services use artificial intelligence including large language models, speech-to-text, text-to-speech, and voice synthesis. AI outputs may be inaccurate, incomplete, biased, or unexpected. AI Services are not a substitute for professional judgment in any regulated field (medical, legal, financial, insurance, real estate, etc.).
You are solely responsible for monitoring and supervising AI outputs reaching your customers, including:
Recording of AI receptionist calls is opt-in by the JadeTrade customer and defaults OFF. When a customer affirmatively elects Recording ON in their Statement of Work, the AI receptionist's opening message includes the disclosure: “Calls are recorded for quality. If you'd prefer not to be recorded, please hang up now and call back during our staffed hours.” When a customer elects Recording OFF, no audio is captured or stored.
You acknowledge that some U.S. states and many foreign jurisdictions require all-party consent for recording, and that the customer operating the AI receptionist is responsible for ensuring any recording disclosure satisfies the law of every jurisdiction the callers may be located in. See the MSA for full call-recording terms.
As part of our business model, we may create website redesign previews for businesses without prior request. Previews are concept demonstrations and are hosted on private, password-protected URLs that are not indexed by search engines.
By default, previews use only publicly available business facts — business name, address, phone, hours, services offered, and general descriptions. Previews do not include copies of your photographs, your logos, your reviews, or copyrighted content from your website unless either (i) the materials are published under a permissive license that allows redistribution, or (ii) you have explicitly authorized inclusion.
Where placeholder imagery or stock content is used, it is clearly stock content and is not represented as yours. If a preview inadvertently includes copyrighted or trademarked material we did not have rights to use, contact max@jadetradeapp.com and we will remove it within forty-eight (48) hours.
Preview websites are not published, advertised, or made publicly accessible. They are shared exclusively with the business owner or an authorized representative via direct communication. No preview is made public without the business owner's explicit consent (demonstrated by completing checkout).
If you receive a preview and do not wish to purchase, no action is required. The preview will be taken down and your business will be added to our permanent exclusion list to prevent future contact. You may request immediate removal at any time.
References to your business name, address, services, and other factual identifiers in our outreach materials and previews are intended as nominative reference — i.e., to identify the business we are addressing — and do not assert affiliation, endorsement, or sponsorship. All trademarks, service marks, trade names, and logos remain the exclusive property of their respective owners. JadeTrade does not claim ownership of any client trademarks or intellectual property.
We do not knowingly reproduce protected expressive content (photographs, copyrighted text, reviews) without authorization. If you believe any content in our outreach or previews infringes your rights, contact max@jadetradeapp.com and we will remove it within forty-eight (48) hours.
To send outreach, build website previews, and configure AI service templates, we collect a limited set of publicly available business information from your website, business listings, and public business directories. The categories collected are described in our Privacy Policy. We do not access password-protected, private, or non-public information. We do not scrape personal social media accounts.
You may request deletion of all collected information about your business at any time by emailing max@jadetradeapp.com. We will delete within thirty (30) days and add your business to our permanent exclusion list.
We send commercial outreach to business addresses obtained from public sources. All outreach complies with the CAN-SPAM Act of 2003 and includes:
Opt-out requests are honored within ten (10) business days. Once opted out, your business is added to our permanent exclusion list.
For SMS sent from our number (where applicable), we comply with TCPA opt-out conventions. Replying STOP, UNSUBSCRIBE, or REMOVE will end communications.
For AI-generated voice calls, we treat any inbound caller's verbal opt-out request (“remove me,” “stop calling,” “don't contact me again”) as binding and add the business to our permanent exclusion list.
Outbound SMS sent on behalf of our customers (e.g., reminders, reactivation messages, inquiry follow-ups, inventory alerts) is sent only when our customer attests they hold the legally required consent for each recipient. The consent standard varies by message type: marketing/promotional messages require prior express written consent; informational/transactional messages (appointment reminders, order confirmations) require prior express consent. Both consent types meet TCPA, applicable FCC rules, and applicable state telemarketing laws. Recipients can opt out at any time via STOP/UNSUBSCRIBE/CANCEL/END/QUIT and we suppress further messages within one minute.
No outbound AI voice calls without consent. We do not place outbound AI-generated, prerecorded, or autodialed voice calls to any number unless we (or our customer, on whose behalf the calls are placed) has obtained prior express written consent that meets the requirements of TCPA and applicable FCC rules. The FCC has classified AI-generated voices as artificial or prerecorded under TCPA (effective February 2024). If we add outbound voice capabilities in the future, every campaign will include a clear opt-out mechanism, will scrub against the National Do-Not-Call Registry where applicable, and will honor opt-outs across all channels.
Websites are hosted on Vercel under our account. We do not guarantee specific uptime, availability, or performance, and we are not responsible for outages caused by Vercel, your domain registrar, or internet infrastructure. AI Services rely on third-party providers (including OpenAI, LiveKit, Twilio, Cal.com); their outages are similarly outside our direct control.
Upon request, we will transfer the Vercel project to your account or provide source code for independent hosting. We reserve the right to remove a site from our infrastructure if not connected to a domain within ninety (90) days of purchase.
To the maximum extent permitted by law, JadeTrade shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, business opportunities, or goodwill. For one-time website purchases, our total liability shall not exceed the amount you paid for the service. For AI Services, liability is governed by the cap in the MSA.
All services and deliverables are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI outputs are accurate, complete, or fit for any particular purpose.
Your indemnity to us. You agree to defend, indemnify, and hold harmless JadeTrade Marketplace LLC, its members, employees, and contractors from any third-party claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your use of our Services in violation of these Terms or applicable law; (b) your violation of our Acceptable Use Policy; (c) any content, photographs, scripts, or instructions you provided or modified after delivery; (d) your operation in a regulated vertical without required licensing; or (e) communications the Services sent to your customers based on your configuration or content.
Our indemnity to you.We agree to defend, indemnify, and hold harmless you from any third-party claim arising from: (i) an allegation that the Custom Deliverables we created for you, or the Services as provided by us and used in accordance with these Terms, infringe a third party's intellectual property rights; or (ii) a security breach or data incident caused by our gross negligence or willful misconduct in operating our infrastructure. Our indemnity does not apply to claims arising from your modifications, your content, your operation in a regulated vertical without required licensing, or your use in violation of these Terms.
Procedure.The indemnified party will promptly notify the indemnifying party in writing, allow the indemnifying party to control the defense (with reasonable cooperation), and not settle without the indemnifying party's consent.
Your use of our Services is also governed by our Acceptable Use Policy, which is incorporated by reference. We may suspend or terminate Services for AUP violations.
These Terms are governed by the laws of the State of Maine, without regard to conflict-of-laws principles. Disputes shall be resolved in the state or federal courts located in Maine, and you consent to personal jurisdiction there.
We may update these Terms at any time. Changes are effective immediately upon posting. Material changes affecting AI Service customers will be notified by email at least thirty (30) days in advance. Your continued engagement after the effective date constitutes acceptance.
If any provision is held invalid or unenforceable, the remaining provisions continue in full force.
For questions about these Terms:
JadeTrade Marketplace LLC
1917 Appleton Ridge Rd
Appleton, ME 04862
max@jadetradeapp.com