Last updated: April 26, 2026

This Agreement is made and entered into by and between Auxway LLC, a Nebraska company, d/b/a Control Yours (hereinafter called “Control Yours”), and applicant as named in the application (hereinafter “Client”).

Section 1. Definitions and Introduction

1. Definitions

   • CMS (Content Management System): A CMS is computer software that allows for publishing, editing, and modification of website content through an online interface.
   • Membership: Each hosting client of Control Yours is a member. Membership includes all the essentials for managing a basic website: hosting, maintenance, domain registration, and 1 free professional email address.
   • Ad Management: A la carte services for developing, creating, and managing social media advertisements and campaigns.
   • Proprietary Website: A website built using technology developed or selected by Control Yours that is not based on a third-party open-source content management system such as WordPress. Proprietary Websites are hosted on Control Yours’ infrastructure and require Control Yours’ systems to operate.
   • WordPress Website: A website built using the WordPress content management system or another third-party open-source CMS. WordPress Websites may be exported and transferred to the Client upon termination of this Agreement.
   • Business Tools: Custom software applications built by Control Yours for the Client, including but not limited to dashboards, calculators, screening tools, reporting tools, and other digital tools. Business Tools are governed by a separate Business Tools Service Agreement. Business Tools are hosted on Control Yours’ infrastructure and require Control Yours’ systems to operate.

2. Introduction

   Control Yours is a service-based company that designs, builds, hosts, and manages websites and custom business tools for its Clients. Control Yours uses a variety of technologies—including open-source content management systems (such as WordPress) and proprietary systems—selected to best serve each Client’s needs. Additionally, Control Yours offers social media Ad Management services and custom Business Tools services.

   This Client agreement is a legal agreement between Control Yours and Client. By executing this Agreement, Client represents and warrants that Client: (a) is authorized to sign for and bind the contracting party, and (b) agrees to be bound by all of the terms and conditions of this Agreement, including the disclaimers and limitations of liability set forth.

Section 2. Application

Client hereby agrees to:

Provide certain limited information about Client (such information hereinafter called “Client Information” is to be current, complete and accurate) as requested during the website membership sign up process on the Control Yours website, said information, including billing information, being made part of this Agreement as if fully set forth herein; and maintain and update Client Information as required keeping it current, complete and accurate.

By applying for this service, Client represents to Control Yours that Client is 19 years of age or older.

Upon acceptance of this Agreement and completion of the application process, Client will have opened an account with Control Yours and will become a Member of Control Yours’ service.

Section 3. Services

1. Description of Service

   Control Yours provides website design, development, hosting, and management services on a Membership basis. Membership includes all the essentials for managing a website: hosting, maintenance, domain registration, and 1 free professional email address.

   Websites may be built using WordPress, another open-source CMS, or proprietary technology developed or selected by Control Yours. During the project scoping process, Control Yours will discuss the recommended technology approach with the Client. If the Client has a specific preference for an open-source platform such as WordPress, that preference must be communicated in writing before the project begins. If no preference is stated, Control Yours will select the technology that best fits the project requirements.

   Additionally, Control Yours offers a la carte services for developing, creating, and managing social media advertisements and campaigns, as well as custom Business Tools governed by a separate Business Tools Service Agreement.

2. Membership Fees and Upgrades

   Control Yours offers Membership beginning at $150/month. Additional customizations and upgrades to Memberships are available for additional charges. Prices and services for upgrades and customizations are subject to change. Please refer to the Membership page of the Control Yours website for current offerings and prices.

   Pricing for Ad Management services can be found on the Ad Management page of the Control Yours website, or may be quoted by request.

3. Payments

   All monthly recurring payments shall be made electronically through the Control Yours website and authorized through the third party credit card payment gateway Wells Fargo Merchant Services, LLC with a preferred credit card or debit card of the Client’s choice or transferred electronically from Client’s designated bank account via an ACH transaction also authorized through the third party Check Commerce. If Client chooses to make payments to Control Yours via an ACH transaction, Client is authorizing Control Yours to automatically withdraw the monthly payment amount associated with the plan’s price, chosen by Client, when completing the online signup form on the Control Yours website.

   If Client is not able to pay via electronic means, they must notify Control Yours in writing and receive a confirmation of authorization from Control Yours. Payments via check must be made payable to Control Yours, and mailed or delivered in person to Auxway LLC, d/b/a Control Yours, at the following address: 304 E Railroad St., Kearney, Nebraska 68847.

   If Client fails to make payment in full with respect to any invoice within ten (10) days of its due date, a late fee may be assessed in the amount of $10.00. If Client fails to make payment with respect to any invoice within thirty (30) days of its due date, Control Yours may cancel Client’s right to access its CMS immediately, without further notice, and Client may be subject to additional late fees, charged at the discretion of Control Yours.

   If a third party charges an increased access fee or any other fees to Control Yours related to the service described in Section 3.A above, Control Yours reserves the right to request at any time a price increase for such Control Yours services, and, if Client fails to accept such price increase, Control Yours shall have the right to terminate this Agreement on at least 30 days prior notice. If this Agreement is terminated pursuant to this paragraph, Client will not be subject to any early termination fee.

   Any technical support, software, customization or training services requested in writing by Client which are not required to be performed by Control Yours hereunder shall be subject to the availability of Control Yours’ technical staff and shall be billed at Control Yours then current time and material rates, plus out-of-pocket expenses, and subject to such other terms and conditions which may be agreed upon in writing before such services are performed. Any optional enhancements, modifications, features, products or services that may from time to time be announced by Control Yours with respect to Control Yours’ services will be offered to Client and, if Client elects to utilize such enhancements, modifications, features, products or services, Client shall pay the fee, if any, imposed by Control Yours therefore.

Section 4. Term & Rights Upon Termination

1. Term

   This Agreement shall begin on the date hereof and continue until terminated. See Section 7 for details on cancellation policy.

2. Service Termination and Website Exit

   If Client chooses to terminate this agreement or if this agreement is canceled pursuant to Section 7 of this agreement, the following applies:

   For WordPress Websites:

   Client will have the opportunity to exit with their website files from Control Yours within the first week after termination. Website files will be provided in the form of a ZIP file containing all client content and website code. The Client is responsible for any third-party charges or commitments put in place during the term of the Agreement.

   For Proprietary Websites:

   Because Proprietary Websites are built on technology that requires Control Yours’ infrastructure to operate, the website code, design, and technical architecture cannot be transferred to the Client or to a third party. Upon termination, the website will be taken offline at the end of the current billing period. However, all original content belonging to the Client—including text, photographs, logos, and other brand materials—will be made available for export upon written request within 30 days of termination.

   For clarity, in all cases:

   • The Client retains full ownership of all original content they provided to or created for their website (text, photographs, logos, brand materials, and other intellectual property belonging to the Client).
   • The Client retains ownership of their domain name.
   • Control Yours retains ownership of any proprietary code, design, architecture, and systems used to build and host the website.

Section 5. User Conduct and Proprietary Rights

1. Conduct

   Client is solely responsible for the content of its website and any Ad Management content (though Control Yours may provide ideation and content creation services as part of certain paid offerings). Control Yours does, however, reserve the right to cancel Client’s right to access its account if Control Yours believes Client’s content may create liability for Control Yours. Client’s use of Control Yours’ hosting services per this Agreement is subject to all applicable local, state, national and international laws and regulations (including, without limitation, those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Client agrees:

   • To comply with all United States laws, rules and other regulations applicable in connection with Client’s use of Control Yours’ hosting services;
   • Not to use Control Yours’ hosting services for illegal purposes;
   • Not to interfere or disrupt networks connected to Control Yours’ hosting services;
   • Not to use Control Yours’ hosting services to infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; and
   • Not to transmit through Control Yours’ hosting services, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature. Client will not attempt to gain unauthorized access to other computer systems and Client will not interfere with another user’s use or enjoyment of Control Yours’ hosting services.

2. Proprietary Rights

   In accordance with this Agreement, Control Yours may grant Client a limited license to use certain custom solutions pursuant to the terms and conditions of this Agreement. Client acknowledges that certain software is proprietary to Control Yours and may be protected by copyrights, trademarks, product marks, patents, or other proprietary rights and law. Therefore, Client is only permitted to use the software as expressly authorized by this Agreement.

   Further, Client may not reverse, engineer, de-compile, alter, modify, disassemble or otherwise attempt to derive source code from the Software. All rights not expressly granted in this Agreement are reserved to Control Yours. Control Yours also reserves the right to list Client and Client’s website in any marketing and/or advertising. Client’s website may contain Control Yours’ logo and link indicating that the website was developed, created and/or maintained by Control Yours.

Section 6. Password and Security

Client will use the user name and password that they designate to access their Control Yours account. Client agrees to carefully safeguard all of its passwords. Client is solely responsible if it does not maintain the confidentiality of passwords and account information. Furthermore, Client is solely responsible for any and all activities that occur under its account. Client agrees to immediately notify Control Yours of any unauthorized use of its account or any other breach of security known to Client, including if Client believes that its password or account information has been stolen or otherwise compromised.

Separate password and security protocols will be necessary for Ad Management services, the terms of which will be provided once the scope of Ad Management services is determined.

Website Hosting & Security

Control Yours uses hosting providers selected to deliver reliable performance, strong security, and dependable uptime for Client websites and tools. Hosting providers may vary depending on the technology used for each project. Current hosting providers include, but are not limited to Cloudflare, WP Engine (for WordPress websites) and Vercel/Digital Ocean (for Proprietary Websites and Business Tools).

All hosting providers used by Control Yours maintain industry-recognized security certifications, including SOC 2 Type 2 and/or ISO 27001, and provide automatic encryption for data in transit (HTTPS/SSL). Control Yours is committed to hosting Client websites and tools on infrastructure that meets or exceeds current industry security standards.

Control Yours reserves the right to change hosting providers at any time, provided the new provider meets or exceeds the security and performance standards of the prior provider.

Section 7. Cancellation

Control Yours may immediately cancel Client’s license to use Control Yours’ CMS, or any access to Ad Management services, per this Agreement if:

• Client breaches any of the terms in this Agreement;
• Control Yours is unable to verify or authenticate any information Client provides to Control Yours, or if such information is inaccurate; or
• Control Yours decides, in its sole discretion, to discontinue offering its services. Control Yours shall not be liable to Client or any third party for cancellation of any service described in this Agreement.

The Client may cancel their subscription at any time, for any reason, with no penalties or cancellation fees. This Agreement operates on a month-to-month basis, meaning Client is never locked into a long-term commitment. To cancel, Client simply needs to notify Control Yours in writing prior to the next billing cycle. Upon cancellation, Client will retain access to the service through the end of the current paid period, after which access will be discontinued.

Section 8. Disclaimer of Warranties

At Control Yours, we work hard to deliver a reliable, high-quality experience — and we appreciate you trusting us with your business. That said, we want to be upfront with you about how our service works in practice.

Control Yours is provided “as is,” and while we strive for excellence, we are unable to guarantee that the service will meet every specific requirement, run without interruption, or be entirely free of errors at all times. Results and accuracy may vary depending on how the service is used, and some software imperfections may exist while we continue improving the platform.

When you download or access content, plug-ins, or data through the service, please take reasonable precautions to protect your systems — as Control Yours cannot accept responsibility for any data loss or system issues that may result from those downloads.

We also want to be clear that any guidance shared verbally or in writing by our team does not create additional warranties beyond what is stated here.

To the extent permitted by applicable law, Control Yours respectfully limits its warranty obligations to those expressly described in this agreement. Depending on where you are located, certain consumer protections may still apply to you.

We value your trust, and we’re always working to make Control Yours better for you.

Section 9. Limitation of Liability

In no event shall Control Yours be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the service, including, but not limited to, damage or loss of profits, even if Control Yours has been advised of the possibility of such damages. Control Yours’ liability to Client or any third party is limited to $50.00. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to Client.

Control Yours shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Control Yours’ reasonable control.

Section 10. Indemnity

Client hereby agrees, at its expense, to indemnify, defend and hold Control Yours harmless from and against any loss, costs, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files, or other content submitted by Client; or (b) any fraud or manipulation, or other breach of this Agreement by Client.

Section 11. Entire Agreement

This Agreement constitutes the entire agreement between the parties covering everything agreed upon or understood in the transaction. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind, its conditions or inducements to the execution hereof or in affect between the parties hereto, except as expressed in this Agreement.

Section 12. Governing Law

This Agreement, and each and every document related to this Agreement, shall be governed by and construed in accordance with the laws of the State of Nebraska. This Agreement was negotiated, in part, in Buffalo County, Nebraska.

Section 13. Binding Upon Heirs

This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.

Section 14. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provisions shall be struck and the remaining provisions shall be enforced.

Section 15. Waiver

Control Yours’ failure to act with respect to any breach by Client does not waive Control Yours’ right to act with respect to subsequent or similar breaches, and shall not be construed as waiving any such terms and conditions of this Agreement, and such terms and conditions shall continue and remain in full force and effect as if no such waiver had occurred.

Section 16. Dispute Resolution

In the event of any dispute under or relating to the terms of this Agreement, or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If no agreement can be reached within 30 days, then, upon notice by either Party to the other, all disputes, claims, questions or disagreements shall be finally settled by a private arbitration or mediation service of Control Yours’ choosing.

Section 17. Notice

Unless otherwise provided in this Agreement, any notice required or permitted to be given to Client under this Agreement (including invoices and/or billing statements) shall be deemed to have been duly given if and when deposited in the United States mail, properly stamped, and addressed to the postal address as set forth in the Client Application or to the email address as set forth in the Client Application.

Unless otherwise provided in this Agreement, any notice required or permitted to be given to Control Yours shall be deemed to have been duly given if and when deposited in the United States mail, properly stamped, and addressed to the following address:

Auxway LLC c/o DBA Control Yours, 304 E. Railroad St., Kearney, NE 68847

Section 18. Execution

Control Yours and Client, intending to be legally bound, have caused this Agreement to be executed by their authorized representatives as of the date first set forth above. This document has been electronically signed by an authorized officer of Auxway LLC, d/b/a Control Yours, making it a legally bound agreement.

/Auxway LLC, d/b/a Control Yours/

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