Terms of Service

1. Overview

These Terms of Service (“Terms of Service”) set forth the general terms and conditions of your use of this website (“Site”) and the products and related services purchased or accessed through this Site (individually and collectively).

Terms of Service and the documents to which they refer, form an agreement (“Agreement”) between the relevant ShipCommerce entity indicated below (“ShipCommerce”) and you. The Agreement is made effective as of the date of your use of the Site or the date of electronic acceptance by plan purchase thereof, whichever occurs earlier. This signifies that you have read and understood these Terms of Service, along with the applicable policies and agreements, and agree to be bound by the Agreement. The terms “we”, “us” or “our” shall refer to ShipCommerce. The terms “you”, “your”, “User” or “Customer” shall refer to any individual or entity who accepts the Agreement, has access to Customer plan at ShipCommerce or uses the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including ShipCommerce Acceptable Use Policy (“AUP”) and Privacy Policy before you may sign up for a ShipCommerce Purchase Plan or use any ShipCommerce Service.

Acceptance of and Agreement to these Terms, including all documents incorporated by reference, shall be deemed validly given upon the Customer’s execution of the Agreement, purchase of a plan, or use of the Services, including using Demo version. Where technically implemented, such acceptance and agreement may also be evidenced through an explicit opt-in mechanism.

2. Definitions

For the purposes of these Terms of Service and the Agreements concluded thereunder, the following definitions shall apply:

• “Site” means the website operated by ShipCommerce, including all associated webpages, subdomains, and related online interfaces through which the Product and related Services are made available, including but not limited to www.shipcommerce.io and any successor or replacement domains.
• “Agreement” means these Terms of Service, together with any policies, agreements, or documents incorporated herein by reference, including but not limited to the Acceptable Use Policy (AUP), Privacy Policy, and, where applicable, Data Processing Addendum (DPA).
• “Product” means the software product provided by ShipCommerce, including but not limited to source code, software architecture, documentation, templates, components, and related materials. The Product is licensed, not sold.
• “Services” means the website available at https://shipcommerce.io/ (the “Site”) and any services provided by ShipCommerce in connection with the Product, including, without limitation, delivery of the Product, provision of repository access (e.g., via GitHub), and any updates, support, maintenance, or additional features, where applicable.
• “Purchase Plans” means the different purchase options offered by ShipCommerce for access to the Product, which may vary in pricing, included features, updates, and support. The specific details of each Plan, including its scope and benefits, are those presented on the Site or at the time of purchase.
• “Access” means the ability granted to you to obtain and use the Product through repository access (e.g., GitHub), download links, or other delivery mechanisms. Access is conditional and may be modified, restricted, or revoked in accordance with this Agreement.
• “Repository” means any code repository or version control environment (including GitHub or similar platforms) through which access to the Product may be provided.
• “Materials” means any content, data, or information provided, uploaded, or used by you in connection with the Product or related Services, including but not limited to product listings, text, images, videos, business data, and customer information.
• “Third-Party Services” means any services, platforms, or tools not operated by ShipCommerce, including but not limited to hosting providers, payment processors, domain registrars, and external APIs or integrations.

3. ShipCommerce Contracting Entity and Applicable Terms and Policies

The contracting party under these Terms is WEB ART MEDIA, operating under the brand “ShipCommerce”, performing professional activity under the laws of the Republic of Bulgaria, with contact email hello@shipcommerce.io.

These Terms of Service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.

You irrevocably agree that the Bulgarian courts shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms of Service, including their validity, interpretation, performance, or termination.

When your use of the Site or the Product and the related Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy. ShipCommerce may, in its sole discretion, modify these Terms of Service at any time. For any material changes that may adversely affect you, ShipCommerce will provide prior notice via email at least 15 days before such changes take effect. Changes required for legal compliance, security, fraud prevention, or to prevent abuse may take effect immediately upon notice. ShipCommerce shall determine, at its sole discretion, whether a change constitutes a material change. In the event of a material adverse change, you may terminate the Agreement by providing written notice within 7 days of receiving such notice. Continued use of the Services after the effective date of the changes shall constitute your acceptance of the updated Terms.

4. Eligibility, Authority and Sanctions Compliance

Eligibility

The Site, the Product and the related Services are available only to individuals and entities that can form legally binding contracts under applicable law.

By accessing or using the Site or Services, you represent and warrant that you:

• are at least eighteen (18) years of age;
• have the legal capacity to enter into a binding agreement;
• are not prohibited from using or receiving the Product and related Services under any applicable laws or regulations; and
• meet all conditions for use or purchase as set out in this Agreement.

Authority

If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that:

• you have full legal authority to bind such entity to this Agreement; and
• you are authorized to act on behalf of such entity in connection with the Services.

In such cases, the terms “you”, “your”, “User” or “Customer” shall refer to that entity.

If it is later determined that you did not have such authority, you agree to be personally liable for all obligations arising under this Agreement, including payment obligations.

ShipCommerce shall not be liable for any loss or damage resulting from reliance on any instruction, communication, or representation reasonably believed to be made by an authorized representative. You are responsible for all activity conducted through your purchased plan, whether authorized or not.

Sanctions Compliance

You represent and warrant that you comply with all applicable sanctions laws and regulations, including those imposed by the European Union, the United Nations and other applicable jurisdictions.

5. Access and Use of Services

ShipCommerce provides a digital product, including source code, documentation, and related materials, which are licensed and delivered electronically. ShipCommerce does not operate, host, manage, or control your store, infrastructure, or business operations. You are solely responsible for the deployment, configuration, hosting, and operation of any implementation of the Product. Upon successful purchase, Access to the Product will be provided through one or more of the following methods:

• invitation to a private Repository (including via GitHub or similar platforms);
• direct download of source code;
• access to documentation or related materials.

You are responsible for providing accurate and complete information required for delivery, including your email address and, where applicable, your GitHub username.

6. Licenses and Delivery

Grant of License

Subject to your compliance with this Agreement, ShipCommerce grants you a perpetual, non-exclusive, non-transferable, and non-sublicensable license to access and use the Product.

This license permits you to:

• use the Product and related Services for unlimited personal and commercial projects;
• modify, adapt, and customize the source code for your own internal business purposes;
• use the Product and related Services in connection with client projects and the provision of services to third parties.

For the avoidance of doubt, the Product is licensed, not sold. No ownership rights or title in or to the Product, including any intellectual property rights therein, are transferred to you. All rights not expressly granted under this Agreement are reserved by ShipCommerce.

Restrictions

Except as expressly permitted under this Agreement or by applicable law, you shall not, directly or indirectly:

• copy, reproduce, distribute, sell, resell, sublicense, lease, or otherwise make the Product or any part thereof available to any third party;
• provide access to the Product (including via repository access, credentials, or otherwise) to any person who has not independently obtained a valid license;
• create, market, distribute, or otherwise exploit any derivative works, templates, or products that are substantially similar to, or competitive with, the Product;
• use the Product to develop, offer, or support any competing software, platform, or service;
• remove, alter, or obscure any proprietary notices, trademarks, or other intellectual property rights embedded in the Product;
• represent or claim the Product, in whole or in part, as your own original work.

Any use of the Product beyond the scope expressly permitted by this Section constitutes an unauthorized use and a violation of applicable intellectual property laws.

Repository Access

Following successful payment, access to the Product will be provided through one of the following methods:

• Repository Invitation — an invitation to access a private Repository (via GitHub) will be sent to the email address provided at checkout. You are responsible for accepting the invitation.
• Direct Download — where repository access cannot be established (including where no valid GitHub account is associated with your email), ShipCommerce may provide access via a secure download link.

Delivery of the Product shall be deemed complete when:

• Repository invitation has been sent; or
• a download link has been made available.

ShipCommerce shall not be responsible for delays or failures in delivery resulting from:

• incorrect or incomplete information provided by you;
• failure to accept a Repository invitation;
• issues related to third-party platforms, including GitHub.

7. Purchase Plans, Pricing and Payment

ShipCommerce offers different Purchase Plans and Associated Terms, which may vary in price, including features, updates, and support. The current Plans, including their pricing and scope, are described also on the Site or at the point of purchase. ShipCommerce reserves the right to modify the Plans, pricing, or included features at any time. Such changes shall not affect purchases already completed.

In the event of any discrepancy between the Plan description on the Site and the Purchase Plans and Associated Terms, the Plan description on the Site shall prevail.

All purchases are processed securely through authorized payment provider — Stripe. Prices are listed in US Dollars (USD). Stripe automatically handles currency conversion for non-USD customers; applicable value-added tax (VAT) may be added at checkout for European Union customers where required by law. You agree to pay all fees applicable to your selected plan at the time of purchase.

One-Time Purchase

The Product is sold on a one-time payment basis, unless explicitly stated otherwise.

Payment Authorization

By completing a purchase, you authorize ShipCommerce payment processors to charge the total amount due using your selected payment method. You are responsible for providing valid, accurate, and complete payment information.

Plan Changes and Upgrades

ShipCommerce offers the Product and related Services under different Plans with varying pricing, features, updates, and support. You may choose to upgrade your Plan at any time by purchasing a higher-tier Plan. In the event of an upgrade: the upgrade shall be treated as a new and separate purchase; the full price of the newly selected Plan shall be payable at the time of purchase; no credit, refund, or prorated adjustment shall be applied for any previously purchased Plan; the upgraded Plan shall be deemed to commence on the date of the new purchase, regardless of any prior purchases. Any updates, support periods, or other time-based benefits included in the upgraded Plan shall begin from the date of the upgrade purchase and shall not be backdated or extended based on previous Plans. Downgrades between Plans are not supported.

ShipCommerce reserves the right to modify Plan pricing and features at any time. Such changes shall not affect Plans already purchased.

No Refunds

Due to the digital nature of the Product, all payments are final and non-refundable, except where required by applicable law.

Upon delivery of the Product, you expressly acknowledge and agree that:

• you have requested the immediate performance of the contract and access to digital content;
• you have been informed that, by doing so, you will lose your right of withdrawal; and
• you therefore waive any applicable right of withdrawal to the extent permitted by law.

Failed or Disputed Payments

If a payment is reversed, disputed, or otherwise fails (including chargebacks), ShipCommerce reserves the right to:

• suspend or revoke Access to the Product;
• terminate your license;
• recover any outstanding amounts through available legal means.

You agree not to initiate unjustified chargebacks after receiving access to the Product.

8. Demo Version

ShipCommerce may provide access to a demonstration version of the Product (the “Demo”) for informational and evaluation purposes.

You acknowledge and agree that:

• the Demo is provided solely to illustrate the general functionality and features of the Product;
• the Demo may not reflect the full functionality, performance, or final version of the Product;
• certain features, configurations, or integrations available in the Product may not be included or may differ in the Demo.

You are encouraged to review the Demo prior to making a purchase. You are solely responsible for assessing whether the Product meets your requirements before completing a purchase. Failure to review the Demo or request clarification prior to purchase shall not constitute grounds for any refund, cancellation, or claim.

9. Your Responsibilities

You acknowledge and agree that you are solely responsible for your use of the Product and any outcomes resulting from such use. Without limitation, you are responsible for:

Your store, business, and customers

You acknowledge and agree that: ShipCommerce is not a marketplace and does not act as a seller, merchant of record, intermediary, or payment processor; any store, website, or system built using the Product is owned and operated by you; any contract of sale or service is directly between you and your customer.

You are solely responsible for:

• your business operations and any transactions conducted using the Product;
• your relationship with your customers, including customer support and dispute resolution;
• pricing, payments, refunds, returns, and order fulfillment;
• determining, collecting, and remitting applicable taxes;
• providing all required legal documents on your store, including terms of service, privacy policy, and refund policy;
• ensuring that your products, related services, and content comply with applicable laws and do not infringe third-party rights.

For the avoidance of doubt, ShipCommerce has no responsibility for your store, your customers, or any transactions conducted using the Product.

Implementation and Technical Use

You are responsible for:

• deploying, configuring, and operating the Product in your own environment;
• testing the Product before using it in a live or production environment;
• ensuring the Product meets your technical and business requirements;
• any modifications, customizations, or integrations you make to the source code and their consequences;
• maintaining backups of your data and code modification.

Security and Infrastructure

You are responsible for:

• implementing appropriate security measures;
• protecting your systems, hosting environment, and infrastructure;
• securing all credentials, API keys, and access data;
• maintaining backups of your data and code.

Third-Party Services

You acknowledge that the Product may be used together with Third-Party Services (such as hosting providers, payment processors, databases, or APIs).

You are solely responsible for:

• selecting and integrating such Third-Party Services;
• complying with their respective terms and policies;
• ensuring their proper configuration, performance, and security.

ShipCommerce is not responsible for any Third-Party Services or their availability, performance, or compliance.

Compliance with Laws

You represent and warrant that you will comply with all applicable laws, regulations, and industry standards, including but not limited to: data protection laws (including GDPR); payment and security standards (including PCI-DSS, where applicable); consumer protection and e-commerce laws.

Data and Content

You are solely responsible for:

• all data, content, and Materials processed or stored using the Product;
• ensuring that you have the legal right to use such data and content;
• ensuring that your content is lawful and not misleading.

10. Limitation of Liability and Indemnification

You expressly understand and agree that, to the extent permitted by applicable law, ShipCommerce 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, arising out of or relating to the use of, or inability to use, the Product or the related Services or these Terms of Service (however arising, including negligence).

You agree to indemnify and hold harmless ShipCommerce from and against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

• your breach of these Terms of Service or the documents incorporated herein by reference (including the AUP);
• your violation of any applicable law or the rights of a third party; or
• any aspect of your use of the Product, your business operations, or any transaction between you and your customer, including but not limited to refunds, fraudulent transactions, or alleged or actual violation of applicable laws.

You will be responsible for any breach of these Terms of Service by your affiliates, agents, contractors, or subcontractors and shall be liable as if such breach were your own.

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

ShipCommerce does not warrant that the Product or related Services will be uninterrupted, timely, secure, or error-free.

ShipCommerce does not warrant that the results that may be obtained from the use of the Product or related Services will be accurate, reliable, or suitable for your purposes.

ShipCommerce is not responsible for any of your tax obligations or liabilities related to your use of the Product or related Services.

ShipCommerce does not warrant that the quality of any products, services, information, or other materials obtained through the use of the Product or related Services will meet your expectations, or that any errors in the Product will be corrected.

To the maximum extent permitted by applicable law, ShipCommerce’s total aggregate liability arising out of or in connection with this Agreement shall not exceed the total amount paid by you for the applicable Purchase Plan.

The content of the Site reflects the information and technologies available at the time of publication. ShipCommerce is not liable for ensuring that the Site content is complete, correct or up-to-date. The content of the Site may deviate occasionally from the current status, particularly in the event of changes to the nature of ShipCommerce products or changes to the requirements for the use thereof. ShipCommerce is furthermore not liable for ensuring that the content of the Site is suitable for the purpose being pursued by the user. ShipCommerce is not liable for any type of loss or disadvantages that may arise for the user due to or in association with the use of the Site and any of its sub-pages. In the event that one of the essential contractual obligations is culpably violated, liability is limited to the foreseeable damage typical for this agreement.

You acknowledge that the Product is not designed to be a mission-critical or fail-safe solution and ShipCommerce shall not be liable for any interruption of your business operations.

The Product does not constitute legal, financial, tax, or other professional advice. You are solely responsible for ensuring that your use of the Product complies with applicable requirements.

Where ShipCommerce is liable without limitation in accordance with the statutory provisions, this does not apply in the event of malicious intent or gross negligence or in the event of injury, death or damage to health due to the violation of an obligation for which ShipCommerce is responsible or for liability in accordance with the Bulgarian law.

11. Intellectual Property Rights

The Product, including its source code, architecture, structure, design, user interface, documentation, and all related materials, is protected by applicable intellectual property laws, including but not limited to copyright, trade secret, and other proprietary rights. ShipCommerce retains all rights, title, and interest in and to the Product and all associated intellectual property rights, whether registered or unregistered. Nothing in this Agreement shall be construed as transferring ownership of the Product or any intellectual property rights to you. The Product is licensed, not sold. Your rights to use the Product are limited to those expressly granted under this Agreement. No rights are granted by implication, estoppel, or otherwise. Except for the limited license granted under these Terms, you shall not acquire any ownership or other rights in the Product.

Subject to the license granted, you may:

• modify, adapt, and customize the source code for your own use;
• create derivative works solely for internal use or client projects.

However:

• all underlying intellectual property rights in the original Product shall remain the exclusive property of ShipCommerce;
• any derivative works must not violate the restrictions set out in this Agreement;
• nothing in this Agreement grants you the right to commercialize the Product itself or any substantially similar derivative as a standalone product.

You shall not, directly or indirectly:

• claim ownership of the Product or any part thereof;
• remove, alter, or obscure any copyright, trademark, or proprietary notices;
• use the Product in a manner that infringes or misappropriates ShipCommerce’s intellectual property rights;
• register or attempt to register any intellectual property rights that are identical or confusingly similar to the Product;
• create competing products or services derived from or substantially similar to the Product.

The Product may include or rely on third-party or open-source components. Such components are subject to their respective licenses, and your use of them must comply with those licenses.

ShipCommerce makes no representations or warranties regarding third-party components and shall not be responsible for their compliance, performance, or licensing terms.

12. Links to Other Websites

In some areas of the Site, hyperlinks (“links”) refer to the websites of other providers which may contain additional or supplementary information that could be of interest to the user. Clicking on such a link will exit the ShipCommerce Site.

ShipCommerce is unable to affect the current or future content of websites provided by third parties. ShipCommerce therefore does not regard the content of third party websites referred to via a link as its own. ShipCommerce’s liability for the content of these third party websites is therefore excluded, unless ShipCommerce was aware of any legal violation of the content when it placed the link on its site.

13. Termination, Enforcement and Remedies

ShipCommerce may, at its sole discretion, suspend or terminate your access to the Product and/or your license rights at any time:

• in the event of a breach of these Terms;
• where required for legal or regulatory compliance; or
• where necessary to protect its legitimate interests, including security, integrity, or prevention of abuse.

Any use of the Product outside the scope of the license granted under this Agreement shall constitute a material breach. In the event of such breach, ShipCommerce may, without prior notice:

• terminate or suspend your license rights;
• revoke your Access to the Product and any related Services, including Repository access;
• take any other action deemed necessary to prevent further unauthorized use.

ShipCommerce reserves the right to pursue any available legal or equitable remedies, including claims for damages and injunctive relief. Upon termination:

• your license to use the Product shall immediately terminate;
• your access to the Product may be revoked;
• no refunds shall be provided, except where required by applicable law.

You acknowledge and agree that any unauthorized use of the Product may cause irreparable harm to ShipCommerce for which monetary damages alone may not be an adequate remedy.

14. General Provisions

These Terms of Service, together with all documents incorporated herein by reference (including the Acceptable Use Policy, Privacy Policy), constitute the entire agreement between you and ShipCommerce and govern your use of the Product and related Services, superseding any prior agreements, communications, or understandings between you and ShipCommerce.

The failure of ShipCommerce to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service, or any document incorporated herein by reference, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

Except for ShipCommerce, and unless otherwise expressly provided in these Terms of Service, no person or entity who is not a party to these Terms shall have any right to enforce any provision of these Terms. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee.

All provisions of these Terms of Service shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and legal representatives.

ShipCommerce may assign or transfer these Terms of Service, in whole or in part, at its sole discretion, without prior notice to you. You may not assign or transfer these Terms of Service, or any rights or obligations hereunder, without the prior written consent of ShipCommerce.

The English version of legal agreement and policies is considered as the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the English version. Any translated versions are not legally binding and cannot replace the English versions. In the event of disagreement or conflict, the English language legal agreements and policies shall prevail.

15. Contact Information

If you have any questions or complaints regarding this Agreement, please contact us by email or regular mail at the following address:

Attention to: ShipCommerce
Email: hello@shipcommerce.io

1. Prohibited Use

You may not use ShipCommerce in any manner that:

• violates any applicable law or regulation;
• is fraudulent, deceptive, or misleading;
• infringes or misappropriates the intellectual property rights of any third party;
• involves the distribution of malware, malicious code, or harmful content;
• promotes or facilitates violence, harassment, discrimination, or illegal activities;
• involves the sale or distribution of prohibited or unlawful products or services.

2. Misuse of the Product and Services

You may not:

• attempt to exploit, abuse, or interfere with the proper functioning, security, or integrity of the Product or Services;
• bypass or attempt to bypass any technical limitations, safeguards, or access controls;
• use the Product to develop, support, or operate a competing product or service in violation of the Terms of Service;
• use the Product in a manner that could harm ShipCommerce, its systems, or other users.

3. Fair Use and Platform Integrity

You agree to use the Product and Services in good faith and in a manner that does not:

• create excessive load or unreasonable demand on systems or infrastructure;
• degrade performance or availability for other users;
• undermine the intended operation or business model of ShipCommerce.

4. Third-Party Complaints and Legal Requests

ShipCommerce may take action in response to complaints or requests from third parties, including:

• regulators or authorities;
• intellectual property rights holders;
• service providers or partners.

Such actions may include restricting access, suspending Services, or removing content, where required by law or reasonably necessary to protect legal or business interests.

5. Enforcement

ShipCommerce reserves the right to take appropriate action in response to violations of this AUP or the Terms of Service, including:

• suspension or restriction of access;
• termination of license or Services;
• removal of content or access rights;
• any other measures reasonably necessary to prevent misuse or protect its legitimate interests.

Where appropriate, ShipCommerce may provide notice. However, immediate action may be taken without prior notice in cases involving:

• legal or regulatory risk;
• security concerns;
• fraud, abuse, or misuse.

6. Updates to this Policy

ShipCommerce may update this AUP from time to time. Continued use of the Product or Services after such updates constitutes acceptance of the revised AUP.

7. Reporting Violations

If you believe a user is violating this Acceptable Use Policy, you may report it to: hello@shipcommerce.io.