Terms of Service

Terms of Service

By signing up for, or using the IderaOS services or any of the services of IderaOS Inc. or its affiliates (“IderaOS”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by IderaOS under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by IderaOS are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. IderaOS reserves the right to update and change the Terms of Service by posting updates and changes to the IderaOS 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 before you may become a IderaOS user.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using IderaOS or any IderaOS services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a IderaOS account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. IderaOS may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that IderaOS will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. IderaOS cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. 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”).
  6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of IderaOS will result in an immediate termination of your services.
WHICH MEANS:

You are responsible for your Account and any Materials you upload to the IderaOS Service. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

4. IderaOS Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. 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 privacy policy.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any IderaOS customer, IderaOS employee, member, or officer will result in immediate Account termination.
  5. IderaOS does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
  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 IderaOS employees and contractors may also be IderaOS customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  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.
  8. IderaOS 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, IderaOS reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a IderaOS account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

  1. You expressly understand and agree that IderaOS 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.
  2. In no event shall IderaOS 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, IderaOS 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 the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
  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.
  4. IderaOS does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. IderaOS does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. IderaOS does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

8. Payment of Fees

  1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your store when using all payment providers other than IderaOS Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as IderaOS Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. IderaOS will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and IderaOS will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
  3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at IderaOS’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your IderaOS administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  4. If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, IderaOS reserves the right to terminate your Account.
  5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of IderaOS’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to IderaOS of your exemption. If you are not charged Taxes by IderaOS, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
  7. You must maintain your current location in the administration menu of your IderaOS store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
  8. IderaOS does not provide refunds.
WHICH MEANS

A valid credit card is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your credit card. If we are not able to process payment of Fees using your credit card, we will try your credit card again 3 days following the initial failed attempt. If we are unable to process payment of Fees on the second attempt, we will attempt to process payment of Fees on your credit card a third and final time 3 days following the second attempt. If payment of Fees is unsuccessful after three attempts, IderaOS may freeze your store. You may be required to remit Taxes to IderaOS or to self-remit to your local taxing authority. No refunds.

9. Cancellation and Termination

  1. You may cancel your Account at any time by emailing support@IderaOS.com and then following the specific instructions indicated to you in IderaOS’s response.
  2. Upon termination of the Services by either party for any reason:
    1. IderaOS will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to IderaOS for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your store website will be taken offline.
  3. If you purchased a domain name through IderaOS, 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.
  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.
  5. We reserve the right to modify or terminate the IderaOS Service or your Account for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, IderaOS 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.
WHICH MEANS

To initiate a cancellation, email support@IderaOS.com. IderaOS will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through IderaOS will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

12. Beta Services

From time to time, IderaOS may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which IderaOS will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered IderaOS Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without IderaOS’s prior written consent. IderaOS makes no representations or warranties that the Beta Services will function. IderaOS may discontinue the Beta Services at any time in its sole discretion. IderaOS will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. IderaOS may change or not release a final or commercial version of a Beta Service in our sole discretion.

13. Feedback and Reviews

IderaOS 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 IderaOS be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to IderaOS (whether submitted directly to IderaOS or posted on any IderaOS hosted forum or page), you waive any and all rights in the Feedback and that IderaOS is free to implement and use the Feedback if desired, as provided by you or as modified by IderaOS, 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 IderaOS 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. IderaOS 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.

16. Privacy & Data Protection

IderaOS is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that IderaOS’s collection, usage and disclosure of this personal information is governed by our privacy policy

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation

WHICH MEANS

IderaOS’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, IderaOS’s use and collection of European personal information is further governed by our Data Processing Addendum.

IderaOS.
6 Barone court
Providence, RI 02904
United States

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