Terms of Service
Last updated: January 2024
These Terms of Service ("Terms") govern your access to and use of OrderMend ("Service"), provided by OrderMend ("we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By installing, accessing, or using OrderMend, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service. You must be authorized to bind your organization to these Terms.
2. Description of Service
OrderMend is a BigCommerce application that enables self-service order editing functionality for your customers. The Service includes:
- Customer-facing order editing interface
- Merchant configuration dashboard
- Integration with BigCommerce APIs
- Analytics and reporting features
- Support and documentation
3. Beta Service Notice
OrderMend is currently in beta. This means:
- Features may change or be removed without notice
- Service availability is not guaranteed
- Performance and reliability may vary
- We may need to temporarily suspend service for updates
- Early adopter pricing and terms may differ from general availability
By using the beta Service, you acknowledge these limitations and agree to provide feedback to help us improve.
4. Account Registration and Security
To use OrderMend, you must:
- Have an active BigCommerce store
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Be responsible for all activity under your account
5. Acceptable Use
You agree not to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Transmit malware or malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Use the Service to process fraudulent transactions
- Reverse engineer or copy any features or functionality
- Remove or modify any proprietary notices
6. Pricing and Payment
6.1 Fees
Pricing details will be provided during the onboarding process. Early adopter pricing may differ from general availability pricing. All fees are exclusive of applicable taxes.
6.2 Billing
You agree to pay all applicable fees. Payments are processed through BigCommerce's billing system. Fees are non-refundable except as required by law or as explicitly stated in these Terms.
6.3 Changes to Pricing
We may change our pricing with 30 days' notice. Early adopter lifetime pricing commitments will be honored as specified in your agreement.
7. Data and Privacy
7.1 Your Data
You retain all rights to your data. We will access and process your order data only as necessary to provide the Service. See our Privacy Policy for details on how we handle data.
7.2 Data Usage
We may use aggregated, anonymized data for analytics and service improvement. We will never sell your data to third parties.
8. Intellectual Property
OrderMend and all related materials are owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service. You may not copy, modify, distribute, or create derivative works without our written permission.
9. Warranties and Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- Merchantability and fitness for a particular purpose
- Uninterrupted or error-free operation
- Accuracy or reliability of results
- Security of data transmission
We will make reasonable efforts to provide reliable service but do not guarantee any specific uptime or availability.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Damages resulting from service interruptions or data loss
- Any claims exceeding the fees paid in the 12 months prior to the claim
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.
12. Termination
Either party may terminate this agreement at any time:
- By You: Uninstall the app from your BigCommerce store
- By Us: With or without cause, with 30 days' notice (or immediately for violations)
Upon termination, your access will cease, and we will delete your data according to our Privacy Policy.
13. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance. If you don't agree to the changes, you must stop using the Service.
14. General Provisions
Governing Law: These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.
Dispute Resolution: Any disputes will be resolved through binding arbitration in accordance with [Arbitration Rules].
Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
Entire Agreement: These Terms constitute the entire agreement between you and OrderMend regarding the Service.
15. Contact Information
Questions about these Terms? Contact us:
Email: george@bonnici.co.nz
Website: ordermend.com