Terms of Service

Bevy Commerce Inc. (“Bevy Commerce”, “we”, “us”, or “our”) owns and operates https://bevycommerce.com/ (the “Website”), and any sub-sites, any and any mobile applications (“App”) and related services including all features and applications in relation therewith, including, and as further described below, the Bevy Commerce App Development Library (the “Services”, together with the “Website”, and the Bevy Commerce “App”, the “Service”) subject to the following terms of use (“Terms of Use”) as may be amended by us from time to time. These Terms of Use are a legally binding contract between you (“User”, “you”), regardless of whether you are simply browsing or visiting the Service, or you are have signed up for a login user account with a username and password to use the Service on your own behalf (“User Account”). These Terms of Use are subject to change or modification at any time, at our sole discretion. Your continued use after we make any changes or updates to any part of the Service will indicate to us that you have acknowledged and accepted any such changes and revisions to these Terms of Use. If we make any changes to our Terms of Use, we will notify you, either through the Service user interface (whether on the Website or the App) or if you have provided your email to us on signup, through an email notification, or through other commercially practicable means. All changes effected by us on the Service, including any changes addressing new functions of the Service or changes made for us to comply with any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, or other requirement or rule of law of any governmental authority (“Applicable Law”) will be effective immediately.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND/OR USING THE SERVICE (OR ANY PART OF IT), REGISTERING FOR A USER ACCOUNT, AND/OR COMPLETING A PURCHASE ON THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, AND ANY OTHER TERMS, RULES, POLICIES OR GUIDELINES INCORPORATED BY REFERENCE TO THESE TERMS OF USE. THE TERM "USING" ALSO INCLUDES ANY PERSON OR ENTITY THAT ACCESSES OR USES THE SERVICE WITH CRAWLERS, ROBOTS, DATA MINING, OR EXTRACTION TOOLS, OR ANY OTHER FUNCTIONALITY. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR ANY FUTURE TERMS OF USE, YOU WILL NOT BE ABLE TO ACCESS AND USE THE SERVICE (OR ANY PART OF IT) AND YOU MUST IMMEDIATELY STOP USING THE SERVICE IN ITS ENTIRETY.

  1. 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.
  2. REGISTRATION AND USAGE TERMS
    1. Usage Pre-Requisites. To use and/or register for the Services you must (a) be over the age of majority in the province, state, territory, or other jurisdiction in which you reside (unless you are using the Service with consent from a parent or legal guardian); and (b) if and registering or using the Service on behalf of, or in the employ of a corporation, trust, partnership, or other organization authorized to conduct business for the benefit of your contractors, employees, or members (“Organization”), you are agreeing to these Terms of Use for that organization and representing and warranting that you have the authority to bind any such organization to these Terms of Use.
    2. 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.
    3. User Account Security. Please choose a strong password for your User Account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further, understand that you are solely responsible and liable for any activities that occur under your User Account, and maintaining settings that reflect your preferences. You understand and agree that Bevy Commerce is and shall not in the future be held liable for any fraudulent activities, misrepresentation, or any other activity on your User Account as a result of your failure to take precautions to prevent any such access without your authorization. We will assume that anyone using the Service or anyone having any activity on your User Account (including any transactions occurring thereon) is you and/or completed by you. You accept all risks of any unauthorized access to and use of your User Account. You are fully liable for any losses and/or damages that may result therefrom. You must promptly notify us if you discover or otherwise suspect any security breaches related to the Service. Bevy Commerce reserves the right to modify or discontinue, temporarily, or permanently, the Service (or any part of it) with or without notice. You understand and agree that Bevy Commerce will not be responsible to you or to any third party for any modification, suspension, or discontinuance of the Service (of any part of it). Bevy Commerce reserves the right to monitor and login to your account in order to (A) prevent fraud, criminal activity, or misuses of the Service (B) ensure the security of our IT systems, architecture, and networks; (C) diagnose and remedy problems with the Service; (D) comply with our legal obligations under Applicable Law; and (E) protect our rights, privacy, safety or property, and/or that of our affiliates, representatives, licensee, and licensors, you or other third parties. Your User Account is also non-transferable. You cannot sell, combine, or otherwise share it with any other individual/person. Any violation of these Terms of Use, including, without limitation, your failure to maintain updated and correct information concerning your User Account will cause your User Account to fall out of good standing and we may suspend, cancel, or terminate your User Account in our sole discretion.
    4. Indemnification. You agree to defend, indemnify and hold Bevy Commerce, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) your use of the Service (in whole or in part); (b) any violation by you of these Terms of Use; (c) your violation of any rights of another party; (d) any violation by you of any Applicable Law; and (e) any breach of any representation or warranty made by you in these Terms of Use. This Section shall survive the termination or expiration of these terms and/or your use of the Service (inclusive of the App, the Website, the Bevy Commerce App Development Library, and/or Services).
  3. USER RESTRICTIONS AND GUIDELINES
    1. 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.
    2. 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].
    3. User Guidelines. You agree to access and use the Service only for the purposes as permitted by these Terms of Use. Bevy Commerce reserves the right to modify or impose any limitations on the use of the Service (and any part of it) at any time, with or without notice to you. We also reserve the right at all times to terminate any User’s access and use of the Service without any liability whatsoever to the User as the case may be. In using the Service, and by posting, submitting, or transmitting User Content on the Service, you hereby agree that you will not: (a) access or use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying and using the Service; (b) intentionally or unintentionally violate any of these Terms of Use, Applicable Law (local, state, provincial, national or international law), including without limitation using the capabilities of the Service to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone; (c) damage, disable, overburden or impair the functionality of the Service in any manner, including but not limited to interfering with or circumvent any filtering, security measures, or other features designed to protect the Service or any related website, other websites, or the Internet; (d) for any unlawful, immoral, obscene, and/or unauthorized act(s) or purpose(s), including pornography, crimes associated with hate, violence, discrimination, terrorism, defamation, for fraudulent purposes, or any other form of prohibited financial and/or criminal activity, or that may give Bevy Commerce to civil liability or is otherwise objectionable (including uploading, posting, emailing, transmitting, or otherwise making any material available thereon for such purposes); (e) in the sole judgment of Bevy Commerce, is objectionable or which restricts or inhibits Users from enjoying the Service, or which may expose Bevy Commerce or its Users to any harm or liability of any type; (f) solicit or encourage others to perform or participate in any unlawful acts, in circumvention of all applicable laws and/or these Terms of Use; (g) to infringe upon or violate Bevy Commerce’s intellectual property rights, including but not limited to, record, copy, display, publish or republish, reproduce, create derivative works of, sublicense, resell, distribute, commercially exploit, for any commercial purpose, such as for-profit or resale, for the benefit of any third party or any other purposes in any manner not authorized by these Terms of Use, or encourage or enable any other individual to do any of the foregoing in connection with the Bevy Commerce Materials, the Website, the App (and the Service as a whole), or otherwise do and cause others to do similar acts without our authorization and contrary to these Terms of Use; (h) infringe upon the intellectual property rights of any third party; (i) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (j) to submit false or misleading information; (k) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality and/or operation of the Service; (l) collect, track, gather, extract or use the personal information of others such as Users’ names, real names, e-mail addresses from the Service, to transmit any unsolicited advertising, junk mail, spam, or other form of solicitation; (m) to spam, phish, pharm, pretext, spider, crawl, “mirror”, “frame”, modify, adapt, or hack any portion of the Service; (n) to use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by us to access the Service or to extract data from the Service; (o) attempt to access or search the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than through the Service and/or search agents provided by us; (p) to access, tamper with, or use non-public areas of the Service, your computer systems, or the technical delivery systems of our providers; (q) to sell, transfer, lease or provide your User Account (including your login username and password) in any other way to anyone else, except as permitted under these Terms of Use, and you understand that the Service, including your User Account, is solely for your own use; (r) to use or attempt to use another User’s Account without authorization to do so from such User; and/or (s) to alter, modify, merge, translate, decompile, reverse engineer, disassemble, copy, distribute, transmit, display, publish, create derivative works of, or otherwise reduce the Service (or any part of it, including but not limited to, the Bevy Commerce App Development Library, the Bevy Commerce App, the Website, and any other resources, materials, information, codes, programming, or technology) to any human-perceivable form. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE IN ITS ENTIRETY; INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THE ABOVE AND/OR INVOLVE AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN PROSECUTING ANYONE WHO VIOLATES THESE TERMS OF USE OR USES THE SERVICE FOR ANY PURPOSE CONTRARY TO ITS INTENDED USE.
  4. LICENSE TERMS
    1. Our License to You. Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable, non-assignable license, to access and use the Service, including applications, (“License”). The Bevy Commerce App, Website, Bevy Commerce App Development Library (which include our overlay templates and the information and materials that it contains), and the Services, are the property of Bevy Commerce and its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property law. The Service (and all parts of it, including the Bevy Commerce App, Website, and Bevy Commerce App Development Library) is licensed to you and not sold. You will not acquire any ownership rights in the Service (in whole or part). The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of the deletion, or termination of your User Account. Our License to you to use the Service shall terminate immediately, automatically, and without notice if you attempt to circumvent any technical protection measures used in connection with the Service, or you otherwise breach these Terms of Use.
    2. Your License to Us
      1. User Content By posting, entering, uploading, transmitting, or submitting any User Content on the Service, you hereby grant Bevy Commerce and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, irrevocable, and perpetual license to copy, transmit, modify, store, translate, and adapt and otherwise use your User Content in connection with the operation of the Service, and accordance with our Privacy Policy. Without limiting the generality of the foregoing, if you consent to us including a template you have modified in our own templates you hereby grant us a perpetual, worldwide, non-exclusive and full paid-up, royalty-free license to copy, modify, transmit, display, reproduce, distribute, and otherwise exploit such template to third parties including other Users as one of our available templates. Except for material we may license to you, Bevy Commerce does not claim ownership of the User Content.
      2. 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]
    3. Ownership of the Service and Marks. You acknowledge and agree that Bevy Commerce, our affiliates, partners, licensors, providers, suppliers, and other third-party providers (if any), own exclusively all rights title, and interest in and to all content, technology, and any features, functionality, including, but not limited to, all information, software, programming, HTML code, and/or other computer code and/or scripts, text, displays, graphics, photographs, video, audio, designs, presentation, selection, any other materials included in connection with our on the Service (inclusive of the App, the Website, and the App Development Library) and further, any rights and protections afforded to the “look”, “feel” “appearance”, “graphic function”, and/or “arrangement” of the Service (and all parts of it) are protected under Canadian and international copyright laws under Applicable Law. Our brand and image are really important to us, and we use all measures that we deem appropriate and necessary to protect them. Any tradenames and trademarks, designs, images, banners, slogans, logos, trade dress, phrases, and names attached to our corporate name and brand, such as product and service names (wherever used, including without limitation in connection with our Service) all constitute the Bevy Commerce trademarks (“Marks”), or the Marks of our partners, affiliates, licensors, suppliers, or other third-party providers we may work with or engage. Nothing contained in or on our Service or in these Terms of Use will be construed as granting any license or right to the Marks associated (directly or indirectly) with the Service (or any part of it), or to any other of our Marks displayed anywhere therein, thereon or attributed to our Service as published and displayed on our Website, in our App, and within our App Development Library and other Services. Unless we permit you to do so under these terms or else, or you obtain the permission partners, affiliates, licensors, suppliers, or other third-party providers, you are not permitted to use any of the materials, content, Bevy Commerce Marks, and other distinctive brand feature, or the Marks of any such third party, for any purpose, including without limitation, the use of metatags on other pages or websites on the Internet, or through the use of framing or otherwise. You agree that you will not attempt to circumvent any of the usage rules or restrictions on the Service (in whole or in part). Consent or permission to use or display Marks can and will be withheld at the sole discretion of the owner of the relevant Marks. Any future release, update, or other addition to functionality of the Website or Bevy Commerce App shall be subject to the terms of these Terms of Use.
  5. DATA TERMS
    1. Personal Information. When you register to use the Service, we will have access to certain personal information and device data. Please review our Privacy Policy carefully as it sets out how we collect, store, and process personally identifiable information including protected health information from or about Users of the Service. If you do not agree with any of our privacy practices, you must not use the Services.
    2. 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).
  6. 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.
  7. 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.
  8. SERVICES PAYMENT TERM
    1. 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.
    2. Payment Processing. We use Stripe as our third-party payment processor to process any payment of fees in connection with our Service (“Service Fees”). However, our payment processor provider is subject to change from time to time. You authorize and direct Bevy Commerce to transmit your billing information to the payment processor (or if we change payment processors, to any such third-party processor or our relevant Providers) for such purposes (“Payment Information”). You are bound by any such payment processor’s terms of service, privacy policy and other policies then in place in connection therewith, and the foregoing will govern your relationship with such payment processor. You understand that Bevy Commerce is not a party to your contractual agreement with Stripe or any other payment processor we may use from time to time. YOU WAIVE AND RELEASE BEVY COMMERCE FROM ALL LIABILITY ARISING FROM YOUR USE OR ACCESS TO THE PAYMENT PROCESSOR WE USE. In addition, if you download any Bevy Commerce Apps through Google Play or App Store, you agree to the terms of service and privacy policies of each such respective third-party service provider and their payment processing providers. PLEASE READ EACH OF GOOGLE AND APPLE’S TERMS CAREFULLY AS WE ARE NOT LIABLE FOR ANY PAYMENT PROCESSED THROUGH THE GOOGLE PLAY OR APP STORE. WE DO NOT CONTROL ANY PART OF THEIR RESPECTIVE SERVICES TO YOU AND AS SUCH, YOU HEREBY WAIVE AND RELEASE BEVY COMMERCE, ITS AFFILIATES, REPRESENTATIVES, OFFICERS, EMPLOYEES, LICENSORS, AND LICENSEES, FROM ALL LIABILITY ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE GOOGLE PLAY STORE OR APPLE STORE TO DOWNLOAD, TRANSACT AND MAKE PAYMENT TO USE THE SERVICE.
    3. 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.
    4. 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.].
    5. [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].
  9. TERM AND TERMINATION.
    1. Term. This Agreement shall apply to you unless earlier terminated in accordance with this Section 8.
    2. Termination by You. You may terminate your Account and/or stop using the Services at any time.
    3. Termination by Bevy Commerce. Bevy Commerce may immediately terminate or suspend all or a portion of a User Account and/or access to the Service (and any part of it) for cause. Cause for such termination shall include, but not be limited to: (a) violations of the Terms of Use or any other policies or guidelines that are referenced herein and/or posted on the Service (and any part of it, including the Website and App); (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where the provision of the Service (in whole or in part) to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Bevy Commerce at its sole discretion, and Bevy Commerce will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service (in whole or in part)
    4. 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.
  10. THIRD-PARTY CONTENT AND INTEGRATIONS
    1. 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.
    2. 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.
    3. 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.
  11. IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
    1. 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.
    2. 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.
  12. General TERMS
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. Entire Agreement. These Terms (together with the Privacy Policy) constitute the entire agreement governing the use of the App, the Software, and the Services s. These Terms shall not be modified except by a new posting of these Terms by Bevy Commerce at our sole discretion. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Bevy Commerce may assign these Terms for any reason without notice to you.
    6. 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]]
    7. Questions/Contact. If you have any questions about these Terms of Use or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the App or the Services, please contact us at: [[email protected]]

Last Updated: October 23rd, 2021