These Terms of Service ("Terms") form a binding agreement between you and MerchantWave ("we", "our", "us") and govern your access to and use of the MerchantWave commerce platform, including the point of sale, online storefront, inventory, customer, marketing, reporting, staff and API tools (together, the "Service"). By creating an account or using the Service you agree to these Terms.
1. Your account
- You must be at least 18 years old and legally able to enter into a contract.
- You are responsible for the accuracy of the information you provide during signup and onboarding.
- You are responsible for keeping your password confidential and for every action taken by your staff and API keys inside your workspace.
- Notify us immediately at reloadedwebsolution@gmail.com if you suspect unauthorized access.
2. The Service
MerchantWave is a software as a service platform that businesses use to sell in store and online, manage inventory across locations, track customers, run promotions, employ staff and generate reports. Features may change as we release improvements. We will not materially reduce features on a paid plan without at least 30 days notice.
4. Subscriptions and billing
- Paid plans are billed monthly in advance through our payment provider, Paddle, which acts as the merchant of record.
- All prices are stated in United States Dollars unless another currency is shown at checkout, and are exclusive of applicable taxes.
- You may upgrade, downgrade or cancel your plan at any time from the Billing page. Downgrades take effect at the start of the next billing period.
- Failure to pay may result in the workspace being suspended after 7 days and deleted after 30 days.
5. Refunds
Subscription fees are non refundable except where required by law or as described in our Refund Policy. If you cancel mid cycle you keep access to the plan until the end of that cycle.
6. Your data
You own the data you upload to your workspace. You grant us a limited license to host, process and display that data only to operate the Service for you. You can export a full copy at any time. When you close your account we delete your data as described in our Privacy Policy.
7. Acceptable use
You agree not to use the Service to:
- Sell goods or services that are illegal in your jurisdiction.
- Send unsolicited marketing email or SMS to people who did not opt in.
- Attempt to break the security, tenant isolation or rate limits of the Service.
- Copy, resell or white label the Service without a signed reseller agreement.
- Upload malware, illegal content or content that infringes another party's rights.
We may suspend or terminate accounts that violate these rules.
8. Third party services
The Service integrates with third party tools such as payment processors, shipping carriers and email providers. Your use of those tools is subject to their own terms. We are not responsible for outages or errors caused by those third parties.
9. Availability
We target 99.9 percent monthly uptime for the platform excluding scheduled maintenance. We do not guarantee that the Service will be uninterrupted or error free.
10. Intellectual property
MerchantWave, the MerchantWave logo, the platform code, designs and templates are our property or licensed to us. You may use them only as needed to operate your workspace. All rights not expressly granted are reserved.
11. Disclaimer of warranties
The Service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non infringement.
12. Limitation of liability
To the maximum extent permitted by law, our total liability for any claim arising out of the Service is limited to the fees you paid us in the 12 months before the claim. We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data.
13. Termination
You may terminate your account at any time. We may terminate or suspend your account for material breach of these Terms, non payment, fraud or by giving 30 days notice. Sections 6 to 12 and 14 survive termination.
14. Governing law
These Terms are governed by the laws of Jamaica. Disputes will be submitted to the exclusive jurisdiction of the courts of Jamaica, without prejudice to any mandatory consumer protection rights in your country of residence.
15. Changes
We may update these Terms. When we make material changes we will notify account owners by email or in app at least 14 days before they take effect. Continued use after that date means you accept the updated Terms.
16. Contact
Questions? Reach us at reloadedwebsolution@gmail.com.