Effective Date: January 20, 2026
1. Introduction
These Terms of Service (“Terms”) govern your use of the website design, hosting, and maintenance services provided by Tobay Digital LLC (“we,” “our,” or “us”), as well as your use of our website and mobile messaging programs. By signing up for our services or using our website, you agree to be bound by these Terms.
2. Eligibility & Age Restriction
The Services are intended only for users who are at least 18 years of age. By using our Services or agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
3. Services Provided
Tobay Digital LLC provides subscription-based website design, development, hosting, and maintenance services. We build and manage professional websites for small businesses in exchange for a recurring monthly fee.
4. Subscription & Payments
- Fees: You agree to pay the monthly subscription fee of $97 USD (or other agreed-upon rate) for the ongoing hosting, maintenance, and license to use the website.
- Billing Cycle: Payments are automatically deducted every 30 days from the credit card on file.
- Late Payments: If a payment fails, we will attempt to retry the transaction. If payment is not received within 7 days, your website may be temporarily suspended. If payment is not received within 30 days, your website may be permanently deleted.
5. SMS/Mobile Messaging Program Terms
By consenting to Tobay Digital LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Tobay Digital LLC through your wireless provider to the mobile number you provided.
- Program Description: We send account updates, project status notifications, responses to your inquiries, and occasional service offers.
- Opt-Out: You may opt-out of the Service at any time by replying STOP to any message. You will receive one final confirming message. After that, you will no longer receive SMS messages from us.
- Help: For help, reply HELP to any message or contact us at tobaydigital@gmail.com.
- Message Frequency: Message frequency varies based on your interaction and project status.
- Cost: Message and data rates may apply for any messages sent to you from us and to us from you.
- Carrier Liability: Carriers are not liable for delayed or undelivered messages.
6. Ownership & Intellectual Property (The “Lease” Model)
It is critical that you understand who owns what:
- You Own Your Content: You retain 100% ownership of your business name, logo, images, written text, and customer data that you provide to us.
- We Own The Design & Code: Tobay Digital LLC retains 100% ownership of the website design, source code, HTML, CSS, layouts, and technical infrastructure.
- The License: As long as your subscription is active, you are granted a non-exclusive, world-wide license to use the website for your business. If you cancel your subscription, this license is revoked, and the website will be taken offline. You cannot take the code or design to another host.
7. Cancellation & Termination
- No Contracts: You may cancel your subscription at any time. There are no cancellation fees or long-term commitments.
- How to Cancel: You must request cancellation in writing via email to tobaydigital@gmail.com at least 3 business days before your next billing date.
- Effect of Cancellation: Upon cancellation, your website will be taken offline at the end of your current paid billing period. We are not responsible for retaining your data after cancellation.
8. Limitation of Liability
To the maximum extent permitted by law, Tobay Digital LLC is not liable for any indirect, incidental, or consequential damages arising from:
- Temporary website downtime or server outages.
- Loss of leads, revenue, or business opportunities.
- Data loss due to third-party hacking or software failure.
- Changes in search engine rankings (SEO).
9. Privacy Policy
We respect your privacy. Please review our Privacy Policy to understand how we collect and use your data.
10. Governing Law
These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Nassau County, New York.
11. Contact Us
If you have questions about these Terms, please contact us at:
- Email: tobaydigital@gmail.com