ABOUT THE SERVICE [Bevy Commerce provides access to a library of ecommerce applications, geared towards helping business owners grow their ecommerce business (“App Development Library”), as well as customized ecommerce application development services.
REGISTRATION AND USAGE TERMS
Registering to use the Services. you must first register to create a User account (“User Account”) and a password. You may create a User Account by clicking on the Login/Sign Up function on the App. Alternatively, you may register to use the Service by logging in with your Shopify account. By connecting your Shopify account to our Service, you grant Bevy Commerce access to your login details solely for the purposes of being able to use the Service.
USER RESTRICTIONS AND GUIDELINES
User Content. You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“ User Content”) that you upload, post, publish or display or email or otherwise transmit or use through the Service, including the submission of any entries you submit in relation to any interactive features on the Service. This means that the viewer or User, and not Bevy Commerce, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. Bevy Commerce does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will Bevy Commerce be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions. Bevy Commerce imposes certain limitations on the use of the Service, including, but not limited to restricting the number of accounts for which you may register, imposing charges for access to our Bevy Commerce App Development Library or other services, the maximum period of time that data or User Content (defined below) will be retained by the Service and the maximum storage space that will be allotted on Bevy Commerce’s servers on your behalf. In respect to the latter, you agree that Bevy Commerce has no responsibility or liability for the deletion or failure to store any data or User Content maintained or transmitted by the Service. In addition, Bevy Commerce may establish limitations on when you can use certain features of the Service, which may include warnings displayed within the applications. You represent that you will comply with these warnings and you will not exceed any usage limitations set by Bevy Commerce. You acknowledge that Bevy Commerce reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Bevy Commerce reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. [Bevy Commerce will delete all data within forty-eight (48) hours of a User’s uninstallation of a mobile application from the Service].
Your License to Us
Feedback. In addition to your User Content, you may submit or provide (and we welcome) suggestions, comments, questions, ideas, or other feedback to us concerning the Service (“Feedback”). You hereby understand and agree that we may freely use any such Feedback at our will to design, develop, market, and further improve our technology used to operate the Service, and expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience without any restrictions or obligations of confidentiality, acknowledgment, or monetary compensation owing to you. You agree that any submission of Feedback must not contain any computer virus or other malware that could in any way affect the operation of the Service. You also agree that such Feedback must not be unlawful, offensive, threatening, libelous, defamatory, abusive, obscene, or puts any of our personnel, representatives, or agents in a compromising situation. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any such Feedback. We have no obligation to respond to any Feedback you submit to us. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any such Feedback. You hereby grant us a non-exclusive and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform (publicly/privately), translate, adapt, distribute, store, modify, create derivatives works of, publish, and otherwise use your Feedback in connection with the promotion, advertising or marketing of our Service (including any testimonials you may provide regarding our Service), in any form, medium or technology now known or later developed. You may withdraw your consent to us publishing any such Feedback you may have concerning our Service by contacting us at: [email protected]
User Content and Aggregated (Anonymous) Service Data. We may collect anonymous and aggregated statistical and service data produced, generated, received from, derived from, and/or transmitted to the Service from your computer, mobile device, and/or media system platform, which includes, but is not limited to, demographic information, and actions you take within and outside of the Service, your hardware/software/firmware, the browser you use, the identity of other apps, programs or software included on your device or platform, the date and time of your use of the Service, the length of time you spend on the Service), your activities and/or usage habits of the Services provided through the Service (“Aggregated Data”). We will use the Aggregated Data to improve our Service, expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience, and overall quality and accessibility of the Service. Aggregated Data belongs to Bevy Commerce. For greater certainty, the Aggregated Data we collect will not reveal your identity or confidential information, including your specific data entered by you into the Service (including any such data entered into your User Account).
ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions in connection with the Service, including without limitation, any such errors contained in any of our marketing and promotional materials, or email newsletters to you, or any information, materials, or content posted on the Website, the Bevy Commerce App Development Library, or Bevy Commerce App (including without limitation any descriptions, pricing, promotions, subscription terms, guidelines, policies, names, dates, instructions, or other products and services we may offer from time to time). We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
MOBILE SERVICES The Service includes certain services that are available on a mobile device (such as a phone or tablet), including (i) the ability to browse the Service (i.e. the Website or App) from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain the Service on any such mobile device may be prohibited or restricted by your carrier, and not all features of the Service may work with all carriers or devices.
SERVICES PAYMENT TERM
Valid Payment Method and Late Payments. To register to access and use the Service (including the Bevy Commerce App Development Library) you must enter a valid payment method, depending on the payment method options available on the Service (whether the App or Website). All credit cards must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you. You agree to provide us with the current, complete, and accurate purchase and payment information. You will be solely responsible and liable for all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to update your transaction-related information and Payment Information as needed. If your Payment Information is declined, delinquent, or expired, and there is an outstanding balance owing to us for your Subscription, you will have a grace period of fifteen (15) days to update your Payment Information on your User Account and make Payment without incurring any interest (“Grace Period”). However, where the Grace Period has elapsed, and Payment is still outstanding and owing to us, we will charge interest of four percent (4%) on any such outstanding Payment balance. You will also be responsible for any Non-Sufficient Funds (NSF) charges or other related transaction fees levied in the event your payment is declined.
Taxes. All fees in connection with our Service (including access and use of the Bevy Commerce App Development Library, and any other Services we may make available thereon, may be subject to applicable sales taxes and added to the respective fees.
Changes to our Service Fees. We reserve the right to change or modify our Service Fees at any time (and to the maximum extent permitted by Applicable Law). [If a Service fee is changed or a new Service Fee is introduced, it will take effect no earlier than thirty (30) days from the date it is posted on our Service (either on our Website or in-App), or as otherwise communicated to you in writing by us by email or other written communication method. [If you do not accept our changes to our Service Fees, you can cancel your use of the Service and terminate your User Account prior to the end of the thirty (30) day period. If you do not terminate your User Account and/or you continue to use your User Account at the end of the thirty (30) day period, your continued use of the Service indicates that you agree and adhere to our changes.].
[Discounts, Coupons, or Promo Codes]. Any discount, coupon, or promo code may only be applied to our Service Fees and cannot be combined with any other cash-off price, sales, promotion, or coupon, and are non-transferable, exchangeable, refundable, replaceable, or redeemable for cash or payment of accounts. The terms and conditions of a specific discount coupon or gift code may include additional policies, guidelines, or restrictions in connection with its application or use. Bevy Commerce reserves the right to cancel any such promotions or discounts at any time and without notice to you].
TERM AND TERMINATION.
Term. This Agreement shall apply to you unless earlier terminated in accordance with this Section 8.
Termination by You. You may terminate your Account and/or stop using the Services at any time.
Effect of Termination and Survival. On termination (either by you or by us), you will lose all access to the Service (including the App, the Website, and Bevy Commerce App Development Library), and your User Account. Additionally, on any such termination, the licenses granted to you hereunder will terminate, and you return and/or destroy (at our request) and/or delete any such copy of the App (and any other part of the Service) from your mobile, computer, or other similar device on which the App and/or Service are installed. Section 2.4; Section 3, Section 4.1, Section; Section 6; Section 8; Section 9; Section 10; Section 11; and Section 12 shall survive any termination of this Agreement.
THIRD-PARTY CONTENT AND INTEGRATIONS
Third-Party Links; Content; Embedded Third-Party Components. The Service may contain technology and data that is licensed by Bevy Commerce from third parties, and use of such third party technology and data are sublicensed to you hereunder in connection with your use of the Beta version of the Service, for their intended purpose. As well, the Service may contain links and pointers to other websites, and built-in third-party communications tools for Users to interact with us that are not owned or controlled by Bevy Commerce. The Service may also integrate third-party account login features, allowing a User to register a User Account and log in using their Shopify account. Any such third-party features are also considered third-party services for which we have no control over. Bevy Commerce is not responsible for the content of any linked websites and accepts no liability or responsibility for your access and use of such third party links, and in no event shall any such third party links displayed on our Service constitute our endorsement of them. Any third-party websites or services accessed from the website or app are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. AS SUCH, YOU HEREBY RELEASE BEVY COMMERCE FROM ALL LIABILITY AND/DAMAGES THAT MAY ARISE FROM YOUR USE OF ANY SUCH THIRD-PARTY INTEGRATIONS, WEBSITES, LINKS, AND/OR THE SERVICES WHICH THEY MAY PROVIDE TO YOU.
Third-Party App Stores. Bevy Commerce’s mobile App may be made available through the Apple App Store, the Google Play Store, or other third-party app marketplace distribution providers. Mobile users of the Service acknowledge and agree that the availability of the App and the Service is dependent on the app store from whom you received the App license. You acknowledge that the terms of service for the App are between you and Bevy Commerce and not with the app store from whom you obtained a copy of the App. Bevy Commerce, not the third party-branded app store, is solely responsible for the Website, App, the Service, and the content thereon, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the app store or app marketplace in connection with the Service. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the appliable app store’s terms and policies) when using the Service. You acknowledge that the applicable app store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
Advertisements. You acknowledge and agree that the Service may contain advertisements from third parties. Subject to Section 10.1, if you elect to have any business dealings with anyone whose products or services may be advertised on the Service, you acknowledge and agree that such dealings are solely between you and such third party, and you further acknowledge and agree that Bevy Commerce shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
Disclaimers. The Service (including the App, Website, and Bevy Commerce App Development Library), including all underlying technology and functionality connected thereto and/or integrated therein, is made available to you on an “AS IS” and “AS AVAILABLE” basis. The use and functionality of the Service (and any part of it) could cause unexpected results, delays, failures, loss of communications, corruption or loss of data, and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE (AND ANY PART OF IT) INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, MOBILE CARRIER DATA CHARGES, OTHER THIRD-PARTY DATA CHARGES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, (ALL SUCH CHARGES AND FEES FOR WHICH YOU ARE RESPONSIBLE TO PAY), AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (AND ALL PARTS OF IT) IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY USER CONTENT, CONTENT, CONTENT, MATERIALS, OR OTHER INFORMATION DOWNLOADED, TRANSMITTED, STORED, ACCESSED, OBTAINED THROUGH, OR OTHERWISE MAINTAINED, THROUGH, ON, OR BY THE USE OF THE SERVICE ( AND ALL PARTS OF IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE (AND ANY PART OF IT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEVY COMMERCE OR THROUGH APP (ITS SOFTWARE), OR THE SERVICE GENERALLY WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BEVY COMMERCE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT ON THE SERVICE IS ACCURATE, RELIABLE, CORRECT; AND UP TO DATE; THE APP, THE WEBSITE, THE BEVY COMMERCE APP DEVELOPMENT LIBRARY, AND ANY OTHER SERVICES OFFERED THEREBY WILL MEET YOUR REQUIREMENTS; THE SERVICE (IN WHOLE OR IN PART) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; AND ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Limitations of Liability. IN NO EVENT SHALL BEVY COMMERCE, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APP, SOFTWARE OR SERVICES. UNDER NO CIRCUMSTANCES WILL BEVY COMMERCE BE RESPONSIBLE FOR ANY DAMAGES, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. BEVY COMMERCE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN THE APP, THE WEBSITE, THE BEVY COMMERCE APP DEVELOPMENT LIBRARY, AND THE SERVICES GENERALLY (AND ANY DATA, INFORMATION, OR CONTENT THEREON; (B) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (AND ANY PART OF IT); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE (AND ANY PART OF IT, INCLUDING THE WEBSITE AND APP); (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE (AND ANY PART OF IT) BY ANY THIRD PARTY; AND/OR (E) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED, TRANSMITTED TO THE SERVICE (AND ANY PART OF IT). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL BEVY COMMERCE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) EXCEED THE AMOUNT YOU PAID TO BEVY COMMERCE HEREUNDER IN TWELVE (12) MONTHS PRIOR ANY SUCH CAUSE OF ACTION (IF ANY), OR IF NO AMOUNTS WERE PAID BY YOU TO BEVY COMMERCE, FIFTY CANADIAN DOLLARS ($50.00). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
Access to Your Account and Content. You acknowledge and agree that Bevy Commerce may access, use, preserve and/or disclose your Account information and User Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Bevy Commerce, its users or the public as required or permitted by applicable law.
Export Control. Use of the Services and App may be subject to the export and import laws of Canada, the United States, and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App or the Services for any purposes prohibited by the United States or Canadian law, including, without limitation, the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
Notices. Bevy Commerce may provide you with notices regarding the App, the Software, and the Services, including changes to these Terms, by email or by postings in-App notifications, on the Website and/or the Services generally.
Governing Law & Disputes. These Terms shall be governed by and construed in accordance with the laws in effect in the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between Bevy Commerce and Users shall be brought exclusively in a court of competent jurisdiction located in Toronto, Ontario, and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts.
Electronic Communications. You consent to receive electronic communications from us either in the form of email, push notifications or other forms of electronic messages sent to you at the addresses listed on your User Account or by communications posted on or notifications through the Service (collectively, “Electronic Communications”). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing. You may opt-out of receiving any such Electronic Communications by emailing us at [[email protected]]