Terms & Conditions

Last updated: August 16, 2023

Welcome to SHOPIFICITY. These Terms and Conditions ("Terms") govern your use of our subscription-based marketing services ("Service"). Please read these Terms carefully before using the Service. By using the Service, you agree to be bound by these Terms.

1. Introduction

The Service provides a subscription-based marketing service for individuals and businesses. If you do not agree to these Terms, please do not use the Service.

2. User Eligibility and Account Registration

To use the Service, you must be at least 18 years old and capable of forming a binding contract. You must provide accurate and complete information during the account registration process. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Subscription & Payment Terms

By subscribing to our services, you agree to pay all fees and charges applicable to your chosen subscription plan, including any applicable taxes. Subscription fees are billed in advance and are non-refundable unless otherwise stated. Your subscription will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You are responsible for maintaining accurate and up-to-date payment information on your account. In the event of non-payment, we reserve the right to suspend or terminate your access to our services.

You may pause your subscription at any time and use the unused portion of your subscription at a later date. However, we reserve the right to deny any pause or resume request at our sole discretion, such as in cases where a pause or resume request would significantly disrupt our operations or violate these Terms.

If our operations are disrupted due to illness or vacation, or other unforeseen circumstances, your subscription may be paused. We will make every effort to provide advance notice of such disruptions if due to illness or vacation and will resume subscriptions as soon as possible upon return.

You may cancel your subscription at any time, and no further charges will be incurred after the cancellation date. No refunds will be provided for any subscription fees already paid.

4. Intellectual Property and Ownership

We own all rights, title, and interest in and to the Service, including all intellectual property rights. You retain ownership of all content that you submit to the Service, but by submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display the content for the purpose of providing the Service.

We also own all rights, title, and interest in any feedback, suggestions, or ideas that you provide to us regarding the Service ("Feedback"). You hereby assign to us all right, title, and interest in and to the Feedback, and agree to execute any documents necessary to effectuate such assignment. We may use the Feedback for any purpose, including without limitation to improve the Service, develop new products or services, and market the Service.

5. Third-Party Fonts

If any project incorporates fonts that are not owned by SHOPIFICITY and require a commercial license for you to legally reproduce, distribute, or publicly display the project ("Third-Party Font(s)"), we will inform you in writing. This notice will include information sufficient for you to identify which licenses are required and who to contact in order to purchase those licenses. As long as we have informed you of the incorporation of Third-Party Fonts as described above, you assume all responsibility for any consequences resulting from your failure to purchase the required licenses for any Third-Party Fonts incorporated into a project. You also agree to exonerate, indemnify SHOPIFICITY from any resulting consequences from a failure to obtain a license.

6. User Representations

By using the Service, you represent and warrant that:

  • You have the legal capacity and agree to comply with these Terms;
  • You are not a minor in the jurisdiction of your domicile;
  • You will not access the Service through automated or non-human means;
  • You will not use the Service for any illegal or unauthorized purpose;
  • Your use of the Service will not violate any applicable law or regulation.
7. Prohibited Activities

You must use the Service only for its intended purpose and not for commercial endeavors unrelated to SHOPIFICITY's services. Prohibited activities include, but not limited to unauthorized use, data retrieval, security circumvention, unauthorized framing or linking, tricking or misleading, disrupting the Service or its networks, competing with SHOPIFICITY, reverse engineering, bypassing access restrictions, harassing or threatening employees, removing copyright notices, copying or adapting software, transmitting harmful materials, interfering with the Service's functionality, collecting information, disparaging SHOPIFICITY, and violating applicable laws, statutes, or regulations.

8. Termination of Accounts

We reserve the right to suspend or terminate your account and access to our services if you breach these Terms of Service or engage in any conduct that we, in our sole discretion, deem harmful to our reputation or the rights of other users. We will provide you with notice of such suspension or termination, and you will have the opportunity to appeal our decision as set forth in our dispute resolution process.

9. Client Feedback

You acknowledge and agree that any questions, comments, suggestions, or other feedback or submission (each a "Submission") shall be the sole property of SHOPIFICITY, and we are under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. We shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to you under Paragraph 4 ("Intellectual Property and Ownership"). We may, at our sole and unrestricted discretion, use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to you. You agree that you have the right to provide the Submission and hereby waive all claims and recourse against SHOPIFICITY for its use of the Submission in accordance with these Terms.

10. Management and Oversight

SHOPIFICITY reserves the right to monitor the Service for violations of these Terms of Use and to take appropriate legal action in response to any violation of these Terms or any applicable law, statute, or regulation. We also reserve the right to restrict or deny access to the Service or disable your use of the Service at our sole discretion, without notice or liability to you. All decisions regarding the management of the Service are at our sole discretion and are designed to protect our rights and property.

11. Data Security

We take the security of your personal information seriously and implement appropriate technical and organizational measures to protect your data from unauthorized access, disclosure, alteration, or destruction. While we endeavor to safeguard your information, we cannot guarantee absolute security, and any transmission of data to our Website is at your own risk.

12. Privacy Policy

By using the Service, you agree to be bound by and abide by our Privacy Policy. The Service is hosted in the United States of America. Access to the Service from the EU, Asia, or other regions of the world may result in the applicability of laws different from those of the United States, which govern personal data collection, use, or disclosure. Your continued use of the Service and transfer of data to the United States constitutes your express consent to the transfer and processing of data in the United States as consistent with applicable laws. We do not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States' Children's Online Privacy Protection Act, upon receiving actual knowledge that an individual under the age of 13 has provided personally identifiable information to us without parental consent, we will delete that information as soon as reasonably practicable.

13. Returns and Refunds

We reserve the right to deny refunds at our sole discretion and without notice or liability to you. Refund requests are assessed on a case-by-case basis. If you request a refund during the first month of use, all materials produced by SHOPIFICITY are owned by us and are prohibited from being used by you in any way or manner whatsoever

If a refund is deemed appropriate, there will be a 25% fee assigned to the remaining billable period.  We reserve the right to take appropriate legal actions against you for breach of this paragraph.

14. Modification

We reserve the right to change, alter, modify, amend, or remove anything or any content on the Service for any reason at our sole discretion. We also reserve the right to modify or discontinue all or part of the Service without notice and without liability to you.

15. Connection Interruptions

We do not guarantee or warrant that the Service will be available and accessible at all times. Issues with hardware, software, or other items may result in interruptions, delays or errors beyond our control. You agree that we shall not be held liable to you for any loss, damage, or inconvenience caused by your inability to access or use the Service during any interruption in the connection or service.

16. Disclaimer

The Service is provided on an as-is, as-available basis. You agree that your use of the Service is at your sole risk. We disclaim all warranties, express or implied, in connection with the Service and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service or any content thereon or content of any websites linked to the Service. We assume no liability for any errors, mistakes, inaccuracies, personal injury or property damage, unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein, interruption or cessation of transmission to or from the site, bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service by any third party, and/or any errors or omissions in content or materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Service, a hyperlinked website, or any website or mobile application featured in any advertising.

17. Limitations of Liability and Indemnification

We and our directors, employees, members, independent contractors, or agents shall not be liable to you or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from your use of the Service.

You agree to defend, indemnify, and hold us harmless and our subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth herein; (4) your violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume control and defense of any matter for which you shall be required to indemnify us hereunder. You agree to cooperate with the defense of such claims.

You are solely responsible for all data transmitted to or relating to any activity you have undertaken using the Service. We shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us for any such loss or corruption.

18. Third-Party Services and Links

Our Website may contain links to third-party websites or services that are not under our control. We are not responsible for the content, privacy policies, or practices of any third-party websites or services, and you access and use them at your own risk. We do not endorse, warrant, or assume any responsibility for any products or services offered by third parties through our Website or any linked site.

19. Force Majeure

Neither party shall be held liable for any failure or delay in performing its obligations under these Terms of Service due to events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or any other similar events. In such cases, the affected party shall notify the other party as soon as reasonably possible and use its best efforts to mitigate the effects of the force majeure event and resume performance of its obligations as soon as possible.

20. Electronic Communications, Transactions, and Signatures

You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications sent via email or through the Service satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Service. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

21. Showcasing Design Work

We reserve the right to share design work on digital channels including social media, website, etc., unless otherwise agreed upon. You reserve the right to issue a Non-Disclosure Agreement (NDA) between yourself and us, which in turn would void our right to share or discuss your work publicly.

22. Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

23. Amendments

We may modify these Terms at any time by posting the updated Terms on our website. Your continued use of the Service after the posting of updated Terms constitutes your acceptance of the updated Terms.

24. Miscellaneous Provisions

These Terms of Use and any policies posted on the Website or regarding the Service constitute the entire agreement and understanding between you and us. Our failure to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between you and us.

25. Contact Information

For any questions or complaints regarding the Service, please contact us at: shopificity@gmail.com

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