Terms of Service

Captain Obvious Labs (“Captain Obvious Labs”, “Captain Obvious”, “we”, “us”, or “our”), a business operated by Joseph Kinsley from 10 Brookwood Road, Clifton, NJ 07012, provides managed web, hosting, software, and marketing services. These Terms of Service (“Terms”) govern your access to and use of our websites, platforms, software, and services.

By accessing our website, purchasing a service, or using our platform, you (“Client”, “you”, or “your”) agree to be bound by these Terms. If you do not agree, do not use our services. We refer to ourselves interchangeably as “Captain Obvious” and “Captain Obvious Labs”; both names mean the same business.

Captain Obvious Labs provides a range of managed web, software, and marketing services, which may include, without limitation:

• Web Hosting — hosting plans with varying storage, email, and support levels.
• Website Design & Development — custom website design, development, and related engineering work.
• Domain Registration — domain registration and renewal, priced dynamically based on current registry and supplier rates.
• SSL Certificates & Security Services — certificate provisioning, site security, and protection services.
• Backups — scheduled website and data backup services.
• Digital Signage / TV Station — digital display and signage software and related services.
• SEO & Marketing — search optimization software, content generation, local search, and related marketing services.
• Print & Apparel — printed materials and custom apparel/DTF production.
• AI & Automated Services — AI-assisted content, automated SEO actions, AI chat and lead tools, automated site corrections, and related automated features.
• Client Portal & Billing — account management, service requests, and invoice-based payment.

The specific services, features, and pricing available to you are described on our website and/or in your invoice or service agreement, and may be added to, modified, or discontinued at our discretion.

Pricing. Fees are as stated on our website, in your invoice, or in your service agreement at the time of purchase. Certain services (such as domains and print) are priced dynamically based on supplier costs and may change without notice.

Subscriptions & Recurring Billing. Many services are billed on a recurring monthly or annual basis. By subscribing, you authorize us and our payment processor to charge the applicable recurring fee to your payment method until you cancel.

Setup Fees. Certain services, including Website Design, may include one-time, non-refundable setup fees due before work begins.

Automatic Renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled before the renewal date. Promotional or introductory rates apply only for the stated period and automatically revert to the standard rate upon expiration.

Payment Processing. Payments are processed through third-party processors, including Stripe. You agree to their terms and are responsible for providing accurate, current payment information.

Late or Failed Payment. If a payment fails or is past due, we may suspend or terminate the affected services. You remain responsible for all fees incurred prior to suspension or termination.

Usage-Based Charges. Certain AI or automated features may be billed based on usage. Where applicable, usage-based pricing will be disclosed before such charges apply.

Some of our services use artificial intelligence and automation to generate content, make changes to websites, respond to inquiries, and perform optimization tasks. By using these services, you acknowledge and agree to the following.

AI-Generated Content. Content produced by AI tools may contain inaccuracies, errors, or omissions. You are responsible for reviewing all AI-generated content before relying on or publishing it. We do not warrant the accuracy, completeness, or suitability of AI-generated output.

Automated Changes. You authorize Captain Obvious Labs and its automated systems to make changes to your website, content, and configuration as part of the services. While we maintain backups and rollback capabilities where reasonably possible, you are responsible for monitoring your site and notifying us of any issues.

Automated Communications. Automated chat, lead, and assistant tools may interact with you or your site visitors. Statements made by automated tools are not binding commitments by Captain Obvious Labs and do not constitute professional, legal, financial, or other advice.

You acknowledge and agree that Captain Obvious Labs does not and cannot guarantee any specific results, including but not limited to search engine rankings, search position, traffic volume, leads, conversions, sales, or revenue. Search engines and online platforms operate under algorithms and policies outside our control, and no party can guarantee a particular ranking or outcome.

Any statements, examples, illustrations, or marketing language regarding potential results, improvements, rankings, or performance are for illustrative purposes only, are not guarantees, and do not form part of any contractual commitment. Our services are provided on a best-efforts basis.

You agree to: (a) provide accurate account and billing information; (b) provide content, materials, and access reasonably necessary for us to perform the services; (c) ensure you own or have the rights to all content, trademarks, and materials you provide; (d) use the services lawfully and not for any fraudulent, infringing, abusive, or illegal purpose; and (e) review work product, including automated and AI-generated output, before relying on it.

Your Content. You retain ownership of the content, trademarks, and materials you provide to us. You grant us a license to use them as necessary to provide the services.

Deliverables. Upon full payment, you own the final, delivered website content and creative work product created specifically for you, except for any third-party or licensed components.

Our Platform. Captain Obvious Labs retains all rights, title, and interest in and to its software, platforms, SEO engine, tools, systems, templates, code, and underlying technology (the “Platform”). Use of the Platform is licensed, not sold. Nothing in these Terms transfers ownership of the Platform to you. You may not copy, resell, reverse engineer, or redistribute the Platform.

We use commercially reasonable efforts to keep services available but do not guarantee uninterrupted or error-free service. We may perform maintenance, and may suspend or restrict services for non-payment, suspected abuse, security risk, or violation of these Terms. We are not liable for downtime, data loss, or interruptions caused by third parties, hosting providers, or events beyond our reasonable control.

Cancellation by You. You may cancel a subscription service at any time, effective at the end of the current billing period. Cancellation stops future billing; it does not retroactively refund fees already paid.

No Refunds. Except where required by applicable law, all fees are non-refundable, including setup fees, recurring fees, and fees for work already performed or in progress.

Retention Offers. We may, at our sole discretion, offer discounts or promotional offers to retain your business. Any such offer is discretionary, does not constitute an entitlement, and may be modified or withdrawn at any time.

Termination by Us. We may suspend or terminate your services for non-payment, breach of these Terms, or unlawful or abusive use. Upon termination, your right to use the services and Platform ends.

Effect of Termination. Upon termination, hosted services and associated data may be deactivated and, after a reasonable period, deleted. You are responsible for retaining your own copies of your content.

Our services rely on third-party providers, including Google, Stripe, GoDaddy, print and apparel suppliers, and others. Your use of those services may be subject to their respective terms and policies. We are not responsible for the acts, omissions, availability, or policies of third parties.

The services and Platform are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation, to the fullest extent permitted by law.

To the fullest extent permitted by law, Captain Obvious Labs and its owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or related to the services.

Our total aggregate liability for any claim arising out of or related to these Terms or the services shall not exceed the total amount you paid to us for the specific service giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.

You agree to indemnify and hold harmless Captain Obvious Labs and its owner from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the services, or your violation of these Terms or any law or third-party right.

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the services shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and you consent to that jurisdiction and venue.

We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last Updated” date. Your continued use of the services after changes are posted constitutes acceptance of the revised Terms.