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Terms and Conditions of use

Terms and Conditions for S

Last Updated: [Date to be added]

These Terms and Conditions (“Terms”) govern the utilization of the web application S (the “App”) provided by Company Y (“we,” “us,” or “our”). By accessing or using S, the user (“you” or “user”) agrees to be bound by these Terms.

1. Acceptance of Terms

By accessing and using S, the user acknowledges that these Terms have been read, comprehended, and agreed to. This agreement constitutes a legally binding contract between the user and Company Y, governing access to and utilization of S. It is imperative that these Terms be reviewed meticulously prior to the utilization of S, as they delineate the user’s rights, obligations, and responsibilities. In the event of non-agreement with these Terms, the user is prohibited from using S.

2. Services Provided by S

S furnishes a platform that enables users to establish their own online stores for the purpose of merchandising goods. The core functionalities encompass:

  • Online Store Creation: S provides a suite of tools and features that empower users to design, construct, and customize their e-commerce websites. These tools may incorporate website templates, design interfaces, content management systems, and other functionalities requisite to the creation of a functional and visually appealing online store.
    • For instance, a user may select from a variety of pre-designed templates tailored to specific industries, such as fashion, electronics, or home goods. The design interface may allow for drag-and-drop customization, enabling users to easily add, remove, and rearrange elements on their website. A content management system (CMS) may be included, providing users with the ability to create, edit, and publish various types of content, such as product descriptions, blog posts, and marketing materials.
  • Store Management: S furnishes users with an administrative dashboard, commonly referred to as an “admin panel,” which serves as a centralized hub for the management of various facets of their online store. This encompasses the capability to manage product listings (adding, editing, and deleting products), process and manage orders, create and manage coupon codes or promotional offers, track inventory, manage shipping settings, and potentially access other features to optimize store operations.
    • For example, through the admin panel, a user can upload product images, specify product details (such as price, description, and specifications), and categorize products for easy navigation. The order management system allows users to view order details, update order status (e.g., pending, processing, shipped), generate shipping labels, and communicate with customers regarding their orders.
  • Payment Facilitation (Indirect): S enables users to receive payments directly from their customers for sales consummated through their created online stores. It is important to note that S itself does not directly process these payments. Instead, S provides the platform and tools that enable users to integrate with third-party payment gateways (such as PayPal, Stripe, or other payment processors) to facilitate transactions between the user’s online store and their customers. S is not responsible for the security or processing of these payments, which are governed by the terms and conditions of the respective payment gateways.
    • For instance, S may provide plugins or APIs that allow users to seamlessly connect their online store with a payment gateway of their choice. When a customer makes a purchase, the payment information is securely transmitted to the payment gateway for processing. Upon successful payment, the payment gateway notifies the user’s online store, and the order can be fulfilled.

3. Subscription and Fees

Utilization of S is contingent upon a monthly subscription fee. This fee grants users access to the features and functionalities of the S platform for a specific duration. The subscription fee may vary depending on the specific plan or features accessed by the user.

  • For example, S may offer different subscription tiers with varying features and usage limits. A basic plan may include a limited number of product listings and storage space, while a premium plan may offer unlimited listings, additional storage, and access to advanced features such as marketing tools and analytics.

The right to introduce new features for purchase at a later stage is hereby reserved. These additional features may be offered as add-ons, premium upgrades, or in-app purchases, and may be subject to separate fees. Notification of any changes to the subscription fees or the introduction of new paid features will be provided to the user. This notification will be provided in advance, thereby enabling the user to review said changes and make an informed decision regarding their continued utilization of S.

  • This notification may be communicated through various channels, such as email, in-app messages, or announcements on the S website. Users will be provided with clear and concise information about the changes, including the new fees, the features affected, and the effective date of the changes.

4. User Conduct and Responsibilities

The user agrees to utilize S in accordance with the following guidelines:

  • The user shall not utilize S for any illegal activities. This includes, but is not limited to, the merchandising of prohibited items, engagement in fraudulent transactions, violation of intellectual property rights, or any other activity that contravenes applicable laws and regulations.
    • For instance, users are prohibited from using S to sell counterfeit goods, illegal drugs, firearms, or any other items that are prohibited by law. Users are also expected to comply with all applicable laws and regulations related to online commerce, including consumer protection laws, data privacy laws, and tax laws.
  • The user shall not engage in spamming or any other form of unsolicited communication through S. This prohibits the distribution of unsolicited emails, advertisements, or promotional materials to other users of S or their customers.
    • This includes sending unsolicited commercial emails (spam), engaging in email harvesting, or using S’s communication tools to send bulk unsolicited messages. Users are expected to obtain proper consent before sending any communications to other users or their customers.
  • The user is solely responsible for all activities that transpire within their e-commerce website created on the platform. This includes the content displayed, the products or services offered, the manner in which interaction with customers is conducted, and any transactions that take place through their store. Company Y will not be held responsible for any actions undertaken by the user or the content displayed. The user is expected to operate their online store in a professional, legal, and ethical manner.
    • Users are responsible for ensuring that their online store complies with all applicable laws and regulations, including those related to product labeling, advertising, and consumer protection. Users are also responsible for the accuracy of their product descriptions, the quality of their products, and the fulfillment of their orders.
  • The user is solely responsible for their interactions and transactions with their customers. This includes the handling of customer inquiries, processing of orders, management of shipping and delivery, addressing of customer complaints, and resolution of any disputes that may arise. S is not a party to these transactions and is not responsible for any issues that may arise between the user and their customers.
    • Users are expected to provide clear and accurate information to their customers regarding their products, pricing, shipping policies, return policies, and other relevant details. Users are also expected to respond to customer inquiries in a timely and professional manner and to resolve any customer complaints or disputes fairly and efficiently.
  • The user shall utilize the platform exclusively for the merchandising of legal items. The user is prohibited from utilizing S to sell any products or services that are illegal, prohibited, or violate our policies. This includes, but is not limited to, items that infringe on intellectual property rights, are hazardous, or are otherwise objectionable.
    • Users are expected to ensure that their products do not infringe on any third-party intellectual property rights, such as copyrights, trademarks, or patents. Users are also prohibited from selling items that are considered hazardous, such as explosives, flammable materials, or toxic substances.

5. Intellectual Property

  • All intellectual property rights pertaining to S itself, including the software, design, logo, and other proprietary elements, are owned by Company Y. This signifies that Company Y retains all ownership rights to the technology, design, and branding of the S platform. A limited, non-exclusive, non-transferable license is granted to the user to utilize S solely for the purpose of creating and managing their online store in accordance with these Terms. This license does not confer upon the user any ownership rights to S’s intellectual property.
    • This means that users are granted permission to use S’s platform and its features, but they do not own the underlying software, design, or branding. Users cannot reproduce, modify, distribute, or create derivative works based on S’s intellectual property without our explicit consent.
  • The user retains ownership of the intellectual property rights for the content uploaded to their e-commerce websites, such as product images and descriptions. This signifies that the user possesses the rights to the materials created and uploaded to their store. By uploading content, the user grants us a non-exclusive license to display and operate their store on the S platform. This license allows us to host the user’s store, display their products, and facilitate transactions; it does not, however, assign ownership of the user’s content to us.
    • For example, if a user uploads a product image that they have taken themselves, they retain the copyright to that image. However, they grant us permission to display that image on their online store and to use it for purposes related to operating the S platform, such as displaying the image in search results or promotional materials.

6. Account Suspension and Termination

The right to suspend or terminate user accounts at our sole discretion, with or without notice, for any reason, including but not limited to the following, is hereby reserved:

  • Violation of these Terms. Any breach of the terms and conditions outlined in this document may result in the suspension or termination of the user’s account.
    • This includes any failure to comply with the guidelines set forth in these Terms, such as engaging in illegal activities, spamming, or selling prohibited items.
  • Failure to remit subscription fees. In the event of a failure to pay the required subscription fees, user access to S may be suspended or terminated.
    • If a user’s payment method fails or their account is past due, their access to S may be temporarily suspended until payment is received. In cases of persistent non-payment, the account may be terminated.
  • Engagement in harmful or illegal activities. Any involvement in activities that are illegal, harmful, or detrimental to S or its users may result in account suspension or termination.
    • This includes activities such as fraud, hacking, distributing malware, or engaging in any other activity that could harm S’s systems or its users.
  • Abuse of the platform or its resources. This includes any misuse of S’s features, excessive utilization of resources, or any activity that disrupts the normal operation of the platform.
    • Examples of abuse include attempting to overload our servers, engaging in denial-of-service attacks, or using automated tools to access or manipulate data on the platform.
  • Provision of false or misleading information. The provision of inaccurate, incomplete, or misleading information during the registration process or at any other time may lead to account suspension or termination.
    • This includes providing false contact information, impersonating another person or entity, or misrepresenting the nature of one’s business or products.
  • Any other conduct deemed detrimental to the platform or its users. The right to take action against any conduct believed to be harmful to S, its users, or its reputation, even if not explicitly enumerated in these Terms, is reserved.
    • This clause provides us with the flexibility to address unforeseen circumstances or new types of misconduct that may arise.

7. Disclaimers and Limitations of Liability

  • While best techniques are employed to avert data loss, S will not be liable for any loss of user data. Precautions are taken to protect user data; however, absolute security cannot be guaranteed. The user bears responsibility for backing up their own data. This implies that users should routinely save copies of their store’s content, product information, and other salient data to preclude loss in the event of technical issues or unforeseen circumstances.
    • We implement measures such as regular backups, data redundancy, and disaster recovery procedures to minimize the risk of data loss. However, data loss can still occur due to factors beyond our control, such as hardware failures, software errors, or natural disasters. Therefore, users are strongly encouraged to maintain their own backups of their critical data.
  • An uptime of 98% for S is aimed for; however, uninterrupted access to the platform is not guaranteed. We strive to provide a reliable service, but we cannot guarantee that S will be available at all times. Liability will not be assumed for any losses or damages arising from any downtime or technical issues. This signifies that users may experience temporary interruptions in their access to S, and Company Y will not be responsible for any financial losses or other damages incurred as a consequence.
    • We monitor our systems and infrastructure to ensure that S is available to users as much as possible. However, downtime may occur due to scheduled maintenance, unexpected technical issues, or other factors. We will make reasonable efforts to minimize downtime and to notify users of any planned outages.
  • To the maximum extent permitted by applicable law, in no event shall Company Y be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to the user’s utilization of or inability to utilize S. The total liability of Company Y to the user for all claims arising out of or relating to these terms or the user’s utilization of S shall not exceed the aggregate amount of the subscription fees remitted by the user to us in the twelve (12) months preceding the event giving rise to the liability. This clause serves to define the financial responsibility of Company Y to the user in the event of disputes or claims. Liability is capped at the aggregate amount of the user’s subscription fees over the preceding year.
    • This provision is intended to limit our financial exposure in the event of any legal claims or disputes with users. It ensures that our liability is proportionate to the fees paid by users and prevents us from being held liable for excessive or unforeseeable damages.

8. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the user’s utilization of S, Company Y shall possess the ultimate authority in resolving the dispute. This signifies that any disagreements or conflicts will be resolved at our discretion.

  • While we will make reasonable efforts to resolve disputes fairly and amicably, we reserve the right to make the final decision in any dispute. This clause aims to streamline the dispute resolution process and ensure that disputes are resolved in an efficient and timely manner.

9. Contact Information

For support or inquiries, users may establish contact via electronic mail at the following address:

[Your Email Address]

Support may also be provided through WhatsApp, Facebook, and other social media channels; however, these are not guaranteed methods of contact. While these channels may be utilized to communicate with users, it is not guaranteed that support will be consistently provided or inquiries responded to through these platforms. Electronic mail remains the primary and most reliable method for establishing contact.

  • We strive to provide multiple channels for user support to enhance accessibility and convenience. However, email is the preferred method for formal inquiries and support requests, as it allows us to track and document communications more effectively.

10. Amendments to these Terms

These Terms may be updated periodically. The right to modify these Terms at any time is reserved, and users will be notified of any material changes by the posting of a notice on our website. Users bear the responsibility of reviewing these Terms periodically for any updates. Continued utilization of S subsequent to the posting of changes constitutes acceptance of the updated Terms. In the event of non-agreement with the updated Terms, utilization of S should be discontinued.

  • We reserve the right to update these Terms to reflect changes in our services, legal requirements, or industry best practices. We will provide users with reasonable notice of any material changes, and it is the user’s responsibility to review the updated Terms. By continuing to use S after the changes take effect, users agree to be bound by the revised Terms.