Terms of Use
Effective date: 9/4/2026 Last updated: 9/4/2026
These Terms of Use (“Terms”) govern your access to and use of MidStateDesign.com (the “Site”), all software, plugins, add-ons, widgets, scripts, templates, and downloadable files offered on it (the “Tools”), and all design, development, hosting, maintenance, and support services offered through it (the “Services”). The Site, Tools, and Services are operated by MidState Design (“MidState Design”, “we”, “us”, “our”).
By visiting the Site, using any Online Tool, downloading or installing any Tool, purchasing anything, or requesting any Service, you agree to these Terms. If you do not agree, do not use the Site, the Tools, or the Services.
Where we present a checkbox, a button, or a notice stating you accept these Terms, clicking through is your acceptance. Acceptance covers the version posted on the effective date shown above.
1. Definitions
1.1 Tools means every plugin, module, block, widget, shortcode, snippet, theme, child theme, template, static site component, script, and add-on published by MidState Design, including the “Creatives” line of WordPress plugins and any successor, bundle, or tier of those products.
1.2 Services means website design, website development, WordPress setup and migration, hosting, server administration, maintenance, security work, email configuration, SEO work, consulting, and support.
1.3 Online Tools means the interactive tools we host and run on the Site and you use through a browser rather than receive as distributed software. This includes generators, converters, calculators, checkers, validators, previews, live demos, and any account based or API based utility offered on the Site.
1.4 You means the individual or organization accessing the Site, the Tools, or the Services, and anyone acting on their behalf.
1.5 Site Content means text, graphics, layouts, documentation, screenshots, demos, branding, and other material published on the Site.
2. Eligibility
2.1 You must be at least 18 years old, or the age of legal majority where you live, to purchase, download, or install anything from the Site.
2.2 You must have authority to bind any organization you claim to represent.
2.3 You must provide accurate information when you purchase or request support. We can refuse or cancel a purchase or support request based on false or disguised identity information.
2.4 COMPETING BUSINESSES ARE NOT WELCOME. If you are a Competing Business as defined in section 4, you are not permitted to use the Site, the Tools, the Online Tools, or to obtain any download, regardless of your willingness or ability to pay. Section 4 governs the full scope of this exclusion.
2.5 We otherwise reserve the right to refuse service to anyone, at any time, for any reason or no reason, with or without cause, and without explanation.
3. Acceptable Use and Good Faith Requirement
3.1 The Site, the Tools, and the Services are offered for lawful, constructive, good faith use. Access is conditioned on your honest intent.
3.2 You must not access, download, install, deploy, or request anything from us if your purpose, in whole or in part, is to harm, defraud, deceive, harass, stalk, impersonate, surveil, extort, discredit, or exploit any person or organization.
3.3 Without limiting section 3.2, you must not use the Site, the Tools, or the Services to:
a. build, host, promote, or support phishing pages, fraudulent storefronts, fake charities, fake reviews, or any deceptive collection of money or personal information, b. distribute malware, backdoors, cryptominers, spyware, ransomware, or unauthorized tracking code, c. send unsolicited bulk email, run list scraping, spoof sending domains, or evade spam filtering, d. probe, scan, brute force, overload, or attempt unauthorized access to any system, network, or account, including ours, e. host or distribute content sexualizing minors, content promoting terrorism or violent extremism, content inciting violence, or content promoting self harm, f. infringe anyone’s copyright, trademark, patent, trade secret, publicity, or privacy rights, g. violate any applicable law, export control, sanctions program, or regulation, h. conceal the origin of funds, launder proceeds, or facilitate any illegal transaction, i. train, fine tune, or benchmark machine learning models on our code, documentation, or Site Content without our written permission, j. scrape, crawl, mirror, or bulk download the Site outside normal browsing, or k. remove, alter, or obscure attribution, copyright notices, license headers, or branding in any Tool.
3.4 We are the sole judge of whether use falls outside sections 3.2 and 3.3. We are not required to prove damage before acting.
3.5 We reserve the right to refuse service, revoke a license, block an IP range, cut off access, disable update delivery, and report unlawful activity to hosting providers, registrars, payment processors, or law enforcement, at any time, without notice, and without refund.
4. Competing Businesses and the Online Tools
This section applies to the Online Tools, to Services, and to your relationship with us. It does not restrict use of our downloadable WordPress plugins. See 4.5.
4.1 A Competing Business is any person or entity that, directly or indirectly, and whether for pay or not:
a. develops, publishes, sells, or distributes WordPress plugins, themes, page builder add-ons, static site components, or similar website software to third parties, b. offers website design, website development, WordPress maintenance, hosting, server administration, website security, or SEO services to third parties, c. operates a plugin marketplace, theme shop, template shop, GPL redistribution site, or nulled software site, d. operates an agency, freelance practice, reseller program, or white label program covering any of the above, or e. acts as an employee, contractor, agent, affiliate, subsidiary, parent, or investor of any entity described above, while acting in that capacity.
4.2 Competing Businesses are not permitted to access, register for, use, or draw output from any Online Tool, and are not permitted to request or receive any Service, without our prior written permission. Permission to use an Online Tool is granted to end users for their own sites and content, not to businesses serving the same market we serve.
4.2.1 Competing Businesses are also not permitted to download, purchase, request, or otherwise obtain any file, plugin, zip, theme, template, snippet, asset, demo, export, or documentation from the Site or from us. Distribution is at our sole discretion. We are under no obligation to supply a copy of anything to anyone, and we can refuse or cancel any order or download for this reason alone, at any time, without explanation. Refusing to hand out a copy is not a restriction on anyone’s rights in code they already hold.
4.3 Regardless of who you are, you are not permitted to:
a. access an Online Tool, or obtain a download or purchase, through a client, employee, associate, proxy account, straw purchaser, or any other intermediary in order to work around section 4.2 or 4.2.1, b. scrape, crawl, automate, batch process, or bulk query an Online Tool, evade its rate limits, or drive it from a script, bot, or headless browser, c. resell, sublicense, embed, iframe, proxy, or white label an Online Tool or its output as part of your own product or service, or d. use our name, logo, product names, or screenshots in comparative advertising without our written permission.
4.4 If you use an Online Tool in violation of this section, your permission to use it ends automatically at that moment. We can block your account, your IP range, and your network without notice, and no refund is owed. Anything you build from that access is subject to our claims for injunctive relief, damages, disgorgement, and legal fees.
4.5 GPL notice, and what is not restricted. The PHP source of our downloadable WordPress plugins is licensed under the GNU General Public License version 2 or later, as WordPress requires. Under that license you receive the right to use, study, modify, and redistribute the code for any purpose once you have a copy, including purposes competing with us, and nothing in these Terms limits that right. The GPL does not require us to give a copy to anyone in the first place. Deciding who we sell to, who we hand a download to, and who we keep supplying is ours alone, and section 4.2.1 governs it. Section 4 otherwise covers the Online Tools, which run on our servers and are not distributed to you, along with Services, accounts, update delivery, and support, none of which the GPL covers. Our name, logo, product names, marketing material, and Site Content stay ours in every case.
4.6 If you are unsure whether you qualify as a Competing Business, ask us in writing before you use an Online Tool or engage us for a Service. Silence is not consent.
5. License to Use the Tools
5.1 Subject to these Terms and to payment of any applicable fee, we grant you a limited, non exclusive, non transferable, revocable license to install and use each Tool for your own business or for a client site you build and hand over.
5.2 You must not:
a. share, sell, rent, lease, or publish download links, b. modify a Tool and distribute the modified version under our product name or branding.
5.3 Section 5.2 applies as a condition of purchase, update delivery, and support. Where a Tool is distributed under the GPL, section 4.5 controls and the GPL rights you receive in the code are not affected.
5.4 We assign no rights beyond those stated here. All rights not granted are reserved.
6. Intellectual Property
6.1 The Site, Site Content, product names, the “Creatives” product line naming, the MidState Design name and marks, admin interface designs, documentation, and marketing material are owned by MidState Design and protected by copyright, trademark, and other law.
6.2 Client ownership. Once a website project is paid in full, you own the completed website we deliver, including its design, content, and the custom code written specifically for that project. Ownership transfers on full payment, not before. Our own underlying frameworks, libraries, snippets, and Tools used to build the site remain ours, and are licensed to you for use on that site only.
6.3 Maintenance is separate and not included. Ownership of a completed website does not include ongoing updates, security patching, or maintenance. Those are provided under a separate WordPress Care Package Plan, billed on a yearly recurring basis, and are not part of the design or development fee.
6.4 Feedback, feature requests, and bug reports you send us become ours to use without obligation or compensation.
7. Fees, Payment, and Refunds
7.1 Prices are as stated at the time of purchase.
7.2 Subscription and recurring plans do not renew automatically. Access ends when the paid term ends. Continuing requires a new purchase by you.
7.3 All sales are final. We do not issue refunds under any circumstances. This includes unused time, duplicate purchases, buyer’s remorse, incompatibility with your site, and termination of your license for breach of these Terms.
7.4 Failure to pay for hosting, maintenance, or support entitles us to suspend the affected site or service after written notice.
7.5 Chargebacks filed without first contacting us terminate all licenses and services immediately.
8. Disclaimers
8.1 As is. The Site, the Tools, and the Services are provided as is and as available, with all faults, and without warranty of any kind. To the maximum extent permitted by law we disclaim all warranties, express, implied, and statutory, including merchantability, fitness for a particular purpose, title, non infringement, accuracy, and any warranty arising from course of dealing or trade usage.
8.2 No guarantee of results. We do not warrant uninterrupted, timely, secure, or error free operation, and we do not warrant that defects will be corrected.
8.3 Compatibility. WordPress core, PHP, MySQL, web servers, browsers, page builders, themes, and other plugins change constantly and independently of us. We do not warrant that any Tool will work with any specific theme, plugin, page builder, caching layer, CDN, hosting stack, or future version of any of them. Conflicts, layout breakage, and fatal errors caused by third party software are outside our control.
8.4 Backups and data loss. You are responsible for maintaining complete, tested, off site backups before installing, updating, configuring, or removing any Tool, and before we perform any Service. Some Tools delete, rewrite, or bulk modify content, media attachments, database records, links, or files by design. Deletion is permanent. We are not liable for lost content, lost media, lost revenue, broken links, or damaged databases.
8.5 Security. No website, server, plugin, or configuration is fully secure. Security hardening, firewalls, malware scanning, and monitoring reduce risk. They do not eliminate it. We do not warrant that any site will remain free of malware, defacement, blocklisting, unauthorized access, or downtime, and we are not liable for the acts of attackers or third parties.
8.6 Email deliverability. Mail delivery depends on receiving providers, blocklist operators, filtering vendors, DNS propagation, domain reputation, and sending behavior we do not control. We do not warrant inbox placement, and we do not warrant that SPF, DKIM, DMARC, reverse DNS, or spam filtering work will prevent messages from being filtered, rejected, blocklisted, delayed, or lost.
8.7 SEO and traffic. Search engines control their own ranking systems and change them without notice. We do not warrant rankings, indexation, impressions, traffic, conversions, or revenue from any SEO work, structured data, metadata, or content Tool.
8.8 Hosting and uptime. Unless a signed agreement states a specific service level with credits, hosting and maintenance are provided without an uptime guarantee. Upstream network outages, data center failures, provider maintenance, DDoS attacks, and registrar or DNS issues are outside our control.
8.9 Accessibility Tools. Tools affecting font sizing, contrast, focus behavior, or reading experience are aids only. They do not make a site compliant with WCAG, the ADA, Section 508, EN 301 549, or any other standard, and we do not warrant compliance or protection from an accessibility claim. Text styling Tools using Unicode substitution produce characters screen readers and search engines often read incorrectly. Use them for decorative purposes only.
8.10 Forms, gates, and consent Tools. Tools gating a download behind terms acceptance, a checkbox, a CAPTCHA, or a bot check are technical conveniences. They are not legal advice, they do not create an enforceable contract on your behalf, and they do not guarantee blocking of automated or hostile traffic. Have your own counsel review any terms you present to your users.
8.11 Link, redirect, and QR Tools. Short links, redirects, generated QR codes, and automated in content linking route traffic to destinations you choose. You are solely responsible for those destinations, for disclosure of affiliate relationships, and for any misuse of a link you publish. Scan counts, click counts, referrer data, and geographic data are estimates and are not guaranteed accurate or complete.
8.12 Secret sharing and credential Tools. Any Tool for transmitting passwords or one time secrets reduces risk compared to plain email. It does not eliminate it. Do not use it for regulated data, including protected health information, payment card data, government identifiers, or anything subject to a legal confidentiality duty. We do not warrant that a secret will remain private, will self destruct on schedule, or will be unrecoverable, and we are not liable for exposure.
8.13 Third party data sources. Tools pulling data from external services, including book, review, catalog, mapping, or social platforms, depend on those services. Availability, terms, rate limits, and data accuracy are controlled by them. Those platforms own their trademarks and content, and we are not affiliated with, endorsed by, or sponsored by them.
8.14 AI generated output. Any Tool or Service using automated or AI assisted generation produces output requiring human review. Output can be inaccurate, biased, or unsuitable. You are responsible for reviewing anything you publish.
8.15 No professional advice. Nothing on the Site or in the Tools is legal, accounting, medical, or compliance advice. Privacy notices, cookie banners, terms templates, and disclaimers we mention or generate are starting points only. Consult a licensed professional.
8.16 Third party links and software. Links to third party sites, plugins, hosts, and services are provided for convenience. We do not endorse them, control them, or accept responsibility for their content, security, pricing, or terms.
8.17 Beta and free Tools. Anything labeled beta, preview, experimental, or free is provided without warranty and without any support commitment, and can be changed or discontinued at any time.
9. Your Responsibilities
9.1 You are responsible for the content you publish, for the legality of your business, for your users’ data, and for compliance with privacy law applicable to you, including GDPR, CCPA, CAN SPAM, and state privacy statutes.
9.2 If you do not have an active WordPress Care Package Plan with us, you are solely responsible for keeping WordPress core, themes, plugins, and PHP updated, for maintaining current backups, and for the cost of any premium scripts, plugins, or subscriptions your site uses. This includes general upkeep of the site.
9.3 You are responsible for the security of your accounts, passwords, API keys, and two factor devices. Notify us immediately of suspected compromise.
9.4 You are responsible for testing every Tool on a staging copy before deploying to production.
10. Support
10.1 Support is provided by email or the channel listed at [SUPPORT URL], during normal business hours, in English.
10.2 Support covers defects in our Tools and questions about their intended use. It does not cover third party plugin conflicts, custom development, theme customization, server administration outside a current hosting agreement, or teaching WordPress fundamentals.
10.3 We reserve the right to decline support requests that are abusive, that come from a Competing Business, that relate to a modified, forked, or redistributed copy, or that require access we are not comfortable accepting. Declining support is not a restriction on any GPL right in the code.
10.4 If you grant us access to your site or server, you warrant you have authority to do so, and you confirm you have a current backup.
11. Updates, Changes, and Discontinuation
11.1 We can add, change, deprecate, or discontinue any Tool, feature, tier, or Service at any time.
11.2 We do not warrant that automatic updates will remain available indefinitely for any Tool or version.
11.3 Continued use of an unsupported version is at your own risk.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, business interruption, or cost of substitute services, arising from or related to the Site, the Tools, or the Services, under any theory of liability, even if advised of the possibility.
12.2 Our total aggregate liability for all claims arising from or related to the Site, the Tools, or the Services is limited to the greater of the amount you paid us for the specific Tool or Service giving rise to the claim in the twelve months before the claim arose, or fifty United States dollars.
12.3 Carve outs. Sections 12.1 and 12.2 do not apply to liability for fraud, intentional misconduct, willful or wanton conduct, gross negligence, death or bodily injury caused by us, or any liability a law forbids us to limit. Removing those categories does not affect the rest of this section, which stays in force for everything else.
12.4 Paid backup, hosting, and maintenance. Where you pay us specifically to perform backups, host a site, or maintain a site, and we fail to perform that paid obligation, section 12.2 does not cap our liability below the fees you paid us for that obligation over the preceding twelve months. Your remedy for such a failure is, at our option, re performance of the work, restoration from an available backup, or a refund or service credit of those fees. Section 12.1 still applies to indirect and consequential damages.
12.5 Some jurisdictions do not allow certain exclusions. Where that applies, the exclusions above apply to the fullest extent permitted, and our liability is limited to the smallest amount permitted by law.
12.6 Any claim must be brought within one year after it arises, or it is permanently barred, except where a shorter or longer period is required by law. Claims under consumer protection statutes carrying a non waivable limitations period are governed by that period.
13. Indemnification
You agree to defend, indemnify, and hold harmless us from any claim, demand, loss, liability, judgment, settlement, penalty, cost, and legal fee arising from your use of the Site, the Tools, or the Services, your content, your violation of these Terms, your violation of any law, or your infringement of any third party right.
14. Privacy
Our handling of personal information is described in the Privacy Policy at https://midstatedesign.com/privacy, incorporated into these Terms by reference.
15. Termination
15.1 You terminate by ceasing all use and deleting all copies of the Tools.
15.2 We can suspend or terminate your access, license, or Service immediately for breach of these Terms, for non payment, for abusive conduct toward us, or for any activity described in sections 3 or 4.
15.3 Sections 4, 6, 8, 12, 13, 16, and 17 survive termination.
16. Governing Law and Venue
16.1 These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.2 Informal resolution first. Before filing anything, send a written description of the dispute and the relief you want to midstatedesign@gmail.com. We will do the same. Both sides have thirty days to work it out. This step is a precondition to arbitration or suit.
16.3 Arbitration. If informal resolution fails, any dispute arising from or related to the Site, the Tools, the Services, or these Terms is resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, whichever applies. The Federal Arbitration Act governs this section. Arbitration takes place in Minnesota or by video or documents only, at the claimant’s election. The arbitrator decides all issues except the validity of the waiver in 16.5, which a court decides. Judgment on the award can be entered in any court with jurisdiction.
16.4 Exceptions to arbitration. Either side can bring a claim in small claims court if it qualifies. Either side can seek injunctive or equitable relief in court to protect intellectual property, confidential information, or to stop a violation of sections 3 or 4. Collection of unpaid invoices can be brought in court.
16.5 Individual basis only. Claims must be brought individually. Class actions, collective actions, consolidated actions, and representative actions are waived to the maximum extent permitted by law. If this waiver is held unenforceable as to a particular claim, that claim alone proceeds in court under 16.6 and the rest of section 16 stays in force.
16.6 Court venue where arbitration does not apply. For any dispute not subject to arbitration, exclusive venue is the District Court for Morrison County, Minnesota, or the United States District Court for the District of Minnesota, and you consent to personal jurisdiction in both.
16.7 Consumers. Nothing in this section deprives a consumer of a right to bring a claim in the courts of their country of residence, or of the protection of mandatory consumer law there, where local law grants that right and it cannot be waived. Sections 16.1 and 16.6 apply to the fullest extent that law allows.
16.8 Attorney fees. In any arbitration, suit, or proceeding arising from these Terms, the prevailing party is entitled to recover reasonable attorney fees, expert fees, and costs, including on appeal and in collection of a judgment, to the extent permitted by law and by the rules of the forum.
17. General
17.1 Entire agreement. These Terms, plus any signed project agreement, statement of work, or product specific license, form the entire agreement between us. A signed project agreement controls where it conflicts with these Terms.
17.2 Severability. If a provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.
17.3 No waiver. Failure to enforce a provision is not a waiver of it.
17.3.1 Conspicuous terms. Sections 8, 12, 13, and 16 are presented in bold or otherwise set apart on the published version of this page. You acknowledge you had a reasonable opportunity to read them before accepting.
17.4 Assignment. You must not assign these Terms without our written consent. We can assign them in connection with a sale or transfer of the business.
17.5 Force majeure. We are not liable for failures caused by events beyond our reasonable control, including outages, attacks, natural events, labor disruption, supplier failure, and government action.
17.6 Changes to these Terms. We can revise these Terms at any time by posting an updated version with a new effective date. Continued use after posting is acceptance. The version in force when you purchase governs that purchase.
17.7 Notices. Notices to us go to midstatedesign@gmail.com. Notices to you go to the email you provided with your order or engagement.
18. Contact
MidState Design midstatedesign@gmail.com – https://midstatedesign.com/