Legal Notice, Terms of Service, and Privacy Policy

Effective Date: 05/06/2025

This document is the full legal agreement governing all websites, services, software, and products (“Services”) provided by Beluga Host, a program operated by the Giving Guitars Foundation (“Company,” “we,” “us,” or “our”). By using our Services, you agree to these terms in full. If you do not agree, you must not use our Services.

1. Use of Services

1.1 As-Is Basis. All Services are provided “as-is” and “as-available,” with no guarantees or warranties of any kind.
1.2 No Uptime or Data Guarantees. We do not guarantee uninterrupted uptime, data availability, security, or protection against unauthorized access.
1.3 Right to Refuse Service. We reserve the right to refuse service to anyone, at any time, for any reason, including but not limited to suspected abuse or violations of these terms.
1.4 Supersession of Representations. This Agreement supersedes all prior marketing statements, advertisements, or verbal representations. Any external promotional claims or statements that conflict with these terms are deemed void.

2. Limitation of Liability

2.1 Use at Your Own Risk. You understand and agree that your use of our Services is entirely at your own risk.
2.2 Cap on Liability. To the maximum extent allowed by law, Beluga Host’s total liability for any claim—whether in contract, tort, or otherwise—shall not exceed the total amount you paid us for Services in the 12 months preceding the claim.
2.3 No Indirect Damages. We are not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to:

  • Loss of data,

  • Business interruption,

  • Lost profits or opportunities,

  • Service downtime or outages,

  • Domain transfer delays or failures,

  • Email delivery issues.
    2.4 Exclusive Remedy. Your sole and exclusive remedy for any dispute with Beluga Host is limited to our refund policy (see Section 3). No other monetary damages will be available.

3. Refunds and Billing

3.1 Refund Policy. All sales are final unless otherwise stated.
3.2 Monthly Plans. Refund requests may be honored within 48 hours of the original transaction.
3.3 Annual Plans. Partial refunds may be offered within the first 30 days, minus the equivalent of one month’s service. After that period, no refunds will be issued.
3.4 Exclusive Remedy. This refund policy is your sole remedy for any disputes with Beluga Host.

4. Privacy Policy

4.1 Data We Collect. We collect the minimum data required to provide and manage our Services, which may include your name, email address, IP address, billing information, and service activity logs.
4.2 Third Parties. We may use third-party processors (e.g., payment gateways, analytics services) that handle data under their own privacy policies. By using our Services, you consent to their processing of your data.
4.3 Security Responsibility. You are responsible for maintaining the security of your own data, including backups, strong passwords, and proper encryption. We disclaim any liability for user-side data breaches or security lapses.
4.4 Data Breaches. While we take reasonable steps to protect your information, we do not guarantee complete security. In the event of a breach, we will comply with all applicable data breach notification laws.
4.5 Access and Deletion. You may request a copy of your data or request deletion by contacting support@belugahost.com.

5. Intellectual Property & DMCA Policy

5.1 Ownership. All branding, logos, website content, software, platform code, and proprietary systems are the exclusive property of Beluga Host or its licensors.
5.2 Prohibited Use. Unauthorized reproduction, distribution, or reverse-engineering is strictly prohibited.
5.3 DMCA Compliance. Beluga Host complies with the Digital Millennium Copyright Act (DMCA). If you believe content hosted by our users infringes your copyright, send a valid DMCA notice to support@belugahost.com. We respond to takedown requests in accordance with applicable law.
5.4 User Content. Users are solely responsible for the content they host. Beluga Host will not be liable for user-uploaded content. You agree to indemnify us for any third-party claims related to your content.

6. Indemnification

You agree to indemnify, defend, and hold harmless Beluga Host, the Giving Guitars Foundation, and all officers, employees, and affiliates from any and all claims, damages, liabilities, costs, or expenses (including attorney’s fees) arising from:

  • Your use of the Services,

  • Your hosted content,

  • Your violation of these terms or any applicable law.

7. Governing Law, Arbitration, and Attorney Fees

7.1 Tennessee Law. This Agreement is governed by and construed under the laws of the State of Tennessee, without regard to conflict-of-law principles.
7.2 Arbitration. Any dispute or claim arising under these terms will be resolved exclusively by binding arbitration in Williamson County, Tennessee. Remote arbitration (via video) may be used at Beluga Host’s discretion.
7.3 No Class Actions or Jury Trials. You waive the right to participate in lawsuits, class actions, or jury trials.
7.4 Attorney Fees. If you bring a claim against Beluga Host and do not prevail, you agree to reimburse Beluga Host for all reasonable attorney’s fees and costs incurred in defending such claim.

8. No Warranties

Beluga Host disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Severability

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

10. Updates to These Terms

We reserve the right to modify or update these terms at any time. Updates take effect immediately upon posting. It is your responsibility to review this page periodically.

11. Contact Us

Questions, requests, or legal notices should be directed to:
Beluga Host Legal Department
support@belugahost.com
625 Bakers Bridge Avenue, Suite 105, Franklin, TN 37067