Terms of Service

By signing up for the GetAppEasy service (“Service”) or any of the services of GetAppEasy Co.,Ltd. (“GetAppEasy”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by GetAppEasy under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”). Any new features or add-ons which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://getappeasy.com/promo/terms-of-use. GetAppEasy reserves the right to update and change the Terms of Service by posting updates and changes to the GetAppEasy website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and GetAppEasy’s Privacy Policy before you may become a GetAppEasy user.

1. Account Terms

1.1 To access and use the Services, you must register for a GetAppEasy account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. GetAppEasy may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

1.2 You acknowledge that GetAppEasy will use the email address you provide as the primary method for communication.

1.3 You are responsible for keeping your password secure. GetAppEasy cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

1.4 You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your GetAppEasy Account (“Store Manager” and “Store Center”). You must not transmit any worms or viruses or any code of a destructive nature.

1.5 A breach or violation of any term in the Terms of Service as determined in the sole discretion of GetAppEasy will result in an immediate termination of your services.

2. Account Activation

2.1 The person signing up for the Service will be the contracting party (“Owner” or “Co-owner” aka “Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Store Owner in connection with the Service.

2.2 If you are signing up for the Service on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of GetAppEasy.

3.1 Technical support is only provided to paying Account holders and is available via email or phone in case of emergency.

3.2 You acknowledge and agree that GetAppEasy may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on GetAppEasy’s website, available at https://getappeasy.com/promo/terms-of-use. and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to GetAppEasy’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

3.3 You may not use the GetAppEasy service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GetAppEasy.

3.5 You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GetAppEasy or GetAppEasy trademarks and/or variations and misspellings thereof

3.6 Questions about the Terms of Service should be sent to support@getappeasy.com.

3.7 You understand that your Shop Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

3.8 You acknowledge and agree that your use of the Service, including information transmitted to or stored by GetAppEasy, is governed by its privacy policy at https://getappeasy.com/promo/privacy

4. GetAppEasy Rights

4.1 We reserve the right to modify or terminate the Service for any reason, without notice at any time.

4.2 We reserve the right to refuse service to anyone for any reason at any time.

4.3 We may, but have no obligation to, remove Shop Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4.4 Verbal or written abuse of any kind (including threats of abuse or retribution) of any GetAppEasy customer, GetAppEasy employee, member, or officer will result in immediate Account termination.

4.5 GetAppEasy does not pre-screen Shop Content and it is in our sole discretion to refuse or remove any Shop Content that is available via the Service.

4.6 We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that GetAppEasy employees and contractors may also be GetAppEasy customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

4.7 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

4.8 GetAppEasy retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, GetAppEasy reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

5.1 You expressly understand and agree that GetAppEasy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

5.2 In no event shall GetAppEasy or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GetAppEasy partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

5.3 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

5.4 GetAppEasy does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.5 GetAppEasy does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

5.6 GetAppEasy does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Complete Agreement

The failure of GetAppEasy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GetAppEasy and govern your use of the Service, superseding any prior agreements between you and GetAppEasy (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

7.1 We do not claim any intellectual property rights over the material you provide to the GetAppEasy service. All material you upload remains yours. You can remove your GetAppEasy store at any time by deleting your Account.

7.2 By uploading Shop Content, you agree: (a) to allow other internet users to view your Shop Content; (b) to allow GetAppEasy to display and store your Shop Content; and (c) that GetAppEasy can, at any time, review all the Shop Content submitted by you to its Service.

7.3 You retain ownership over all Shop Content that you upload to a GetAppEasy store; however, by making your shop public, you agree to allow others to view your Shop Content. You are responsible for compliance of Shop Content with any applicable laws or regulations.

7.4 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

7.5 GetAppEasy shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

8. Payment of Fees

8.1 A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.

8.2 The Services will not begin until payment is received. All recurring charges will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Dashboard page of your GetAppEasy store center. Users have approximately two weeks to bring up and settle any issues with the billing.

8.3 In consideration of the Services, Owner will pay to GetAppEasy all fees due according to the prices and terms listed on the website. All sales are final and GetAppEasy offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted, even if your Services are suspended, terminated or transferred before the end of the Services. GetAppEasy expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.

8.4 To ensure that you are not billed for another month of service, you must cancel your account before your billing cycle due date.

8.5 All fees for the Services (Subscription, Add-on, Platform and Theme) are exclusive of all taxes, VAT and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services, all of which Owner will be responsible for and will pay in full, except for taxes based on GetAppEasy’s net income. If GetAppEasy is required to pay directly any such taxes, Customer will, upon receipt of GetAppEasy’s invoice, promptly reimburse GetAppEasy for any such taxes paid by GetAppEasy.

9. Cancellation and Termination

9.1 You may cancel your Account at anytime by emailing support@getappeasy.com and then following the specific instructions indicated to you in GetAppEasy's response.

9.2 Upon termination of the Services by either party for any reason:

9.2.1 GetAppEasy will cease providing you with the Services and you will no longer be able to access your Account;

9.2.3 any outstanding balance owed to GetAppEasy for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

9.2.4 your shop website will be taken offline.

9.3 If you purchased a domain name through GetAppEasy, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

9.4 If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

9.5 We reserve the right to modify or terminate the GetAppEasy Service or your Account for any reason, without notice at any time.

9.6 Fraud: Without limiting any other remedies, GetAppEasy may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

10. Modifications to the Service and Prices

10.1 Prices for using the Services are subject to change upon 30 days notice from GetAppEasy. Such notice may be provided at any time by posting the changes to the GetAppEasy Site (GetAppEasy.com) or the administration menu of your GetAppEasy store via an announcement.

10.2 GetAppEasy reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

10.3 GetAppEasy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

11. Third Party Services

11.1 In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, GetAppEasy’s partners or other third parties.

11.2 GetAppEasy may from time to time recommend, provide you with access to, or enable third party software, applications (“Add-on”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the GetAppEasy Add-on Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or GetAppEasy’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

11.3 We do not provide any warranties with respect to Third Party Services. You acknowledge that GetAppEasy has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on GetAppEasy’s websites, including the GetAppEasy App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with GetAppEasy. GetAppEasy strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

11.4 If you enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. GetAppEasy is not responsible for any disclosure, modification or deletion of your data or Shop Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Shop Content.

11.5 Under no circumstances shall GetAppEasy be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if GetAppEasy has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

9 February 2016