Terms of Service
By signing up for an Eversell Account (as defined in Section 1) or by using any Eversell Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Eversell” means the applicable Eversell contract party.
1. Account Terms
- To access and use the Services, you must register for an Eversell account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Eversell may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Eversell for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Eversell will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- You are responsible for keeping your password secure. Eversell cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”)
2. Eversell Rights
- We reserve the right to modify or terminate the Services for any reason, with 30 days advance notice. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Terms of Service.
- 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 Eversell employees and contractors may also be Eversell customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 3) in doing so.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Eversell’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section
- Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than
(i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or
(ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service. WHICH MEANS Both you and Eversell agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
4. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, Eversell 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.
- To the extent permitted by applicable laws, in no event shall Eversell 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, Eversell partners, officers, directors, agents, employees, and suppliers 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 your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Eversell does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Eversell does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Eversell does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
5. Billing and payment
- For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Prices for using the Services are subject to change upon 90 days’ notice from Eversell. Such notice may be provided at any time by posting the changes to the Eversell Site (https://eversell.io/) or via an announcement on e-mail.
- Eversell reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with an advance notice of 30 days.
- Eversell shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6. Cancellation and termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting Eversell Support and then following the specific instructions indicated to you in Eversell’s response.
- Upon termination of the Services by either party for any reason:
a. Eversell will cease providing you with the Services and you will no longer be able to access your Account;
b.any outstanding balance owed to Eversell for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
c.your Store website will be taken offline.
- 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.
7. Intellectual property and customer content
- We do not claim any intellectual property rights over the Materials you provide to the Eversell service. All Materials you upload remain yours. You can remove your Eversell Store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Eversell to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Eversell can, at any time, review and delete all the Materials submitted to its Service, although Eversell is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- Eversell 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. Eversell themes
- You may establish the appearance of your Eversell Store with a design template from Eversell’s Theme Store (“a Theme”).
- Eversell may add or modify the footer in a Theme that refers to Eversell at its discretion.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Eversell may take administrative action such as modifying your Store or closing your Store.
9. Feedback and reviews
- Eversell welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Eversell be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Eversell (whether submitted directly to Eversell or posted on any Eversell hosted forum or page), you waive any and all rights in the Feedback and that Eversell is free to implement and use the Feedback if desired, as provided by you or as modified by Eversell, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Eversell must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Eversell reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
10. Privacy and data protection