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Terms of Service

Thank you for choosing EverShop! These Terms of Service ("Terms") govern your use of our services. By accessing or using our services, you agree to these Terms. If you do not agree, please refrain from using our services.

1. Who’s Who

  • 'EverShop,' 'We,' 'Us,' 'Our' shall collectively refer to EverShop Technology Limited.
  • 'You,' 'Your,' 'User' refers to any individual or entity accessing or using the services provided by EverShop Technology Limited and agreeing to these Terms."

2. Acceptance of Terms

By using EverShop services ("Service"), including EverShop Cloud Hosting and the EverShop Marketplace, you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

3. Description of Service

EverShop primarily offers cloud-based hosting services where users can purchase subscription plans for their EverShop-powered eCommerce websites. When you purchase a hosting plan, we provide the complete infrastructure necessary to run your online store, including server resources, database management, security monitoring, automated updates, and technical support. Our team handles all server maintenance and optimization so you can focus on your business.

Additionally, EverShop operates a Marketplace offering extensions, themes, and other digital products that enhance your eCommerce website. The Marketplace enables users to purchase and sell extensions, themes, and other compatible tools to customize their stores.

4. Account Registration & Security

  • You must provide accurate and complete information during registration.
  • You are responsible for maintaining the security of your account credentials.
  • EverShop is not liable for any loss or damage resulting from unauthorized account access.

5. Fees, Payment, and Renewal

  • By selecting a hosting plan or purchasing a marketplace product, you agree to pay the specified fees in exchange for the services or products provided. Fees are charged on a pre-pay basis and are non-refundable unless otherwise stated.
  • Payments are processed automatically on a recurring basis (monthly or annually) for hosting services.
  • All fees are exclusive of taxes, and you are responsible for paying any applicable taxes, duties, or governmental fees associated with your use of the Service.
  • If payment fails or is not received by the due date, EverShop may suspend or terminate access to the Service until payment is received.
  • Prices for hosting plans and marketplace items may change. If you don’t agree with the changes, you must cancel your Paid Service.
  • Automatic Renewal: Unless you cancel before the end of the subscription term, your plan will automatically renew for the same period, and you authorize us to charge the applicable fees to your payment method. The renewal date is based on the date of the original purchase and cannot be changed. If you do not wish to renew, you must cancel your subscription before the renewal date. You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period.
  • You may cancel your subscription at any time, but no refunds will be issued for unused portions of a subscription term.
  • We may have a "no-show policy" for some Paid Services that require your participation. If you fail to participate in a required event or service without proper notice, you may not be eligible for a refund or rescheduling.

6. Refunds

  • EverShop offers refunds only in cases where required by law or explicitly stated in a specific promotional offer.
  • Refund requests must be submitted in writing within the applicable refund period.
  • Refunds are not provided for partial months of service, unused resources, or downgrades to a lower-priced plan.
  • Any chargebacks or disputes filed with payment providers may result in immediate suspension or termination of your account.

7. Responsibility of Visitors and Users

  • You are responsible for the content you host, display, or distribute using EverShop Cloud Hosting and any products you offer on the EverShop Marketplace.
  • You agree not to host or sell content that is unlawful, offensive, or violates any third-party rights, including intellectual property rights.
  • EverShop does not review all content but reserves the right to remove or restrict content that violates these Terms.
  • Users must ensure their eCommerce stores comply with applicable laws and regulations.

8. Fees Collected by Website Owners

  • EverShop is not responsible for any sales, transactions, or disputes that occur on websites hosted using our Service or through Marketplace sales.
  • Website owners and Marketplace sellers are solely responsible for managing payments, processing refunds, and complying with all applicable laws related to their eCommerce operations.
  • EverShop does not mediate or intervene in disputes between website owners, Marketplace sellers, and their customers.

9. Acceptable Use

  • You may not use the Service for unlawful or harmful activities, including but not limited to:
    • Hosting malicious software, phishing sites, or illegal content.
    • Selling counterfeit or fraudulent digital products on the Marketplace.
    • Engaging in abusive behavior that affects other customers or server stability.
    • Violating any applicable laws or regulations.
  • EverShop reserves the right to suspend or terminate accounts that violate this policy.

10. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”).

If you use any Third-Party Services, you understand and agree that:

  • Third-Party Services aren’t vetted, endorsed, or controlled by EverShop.
  • Even if you purchase a third-party extension through a marketplace we operate, any services related to that extension are subject to and governed by the terms and policies of the third party (“Third Party”).
  • Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
  • If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly unless it is indicated that EverShop provides support for it.
  • Your use of third-party services is subject to their respective terms and policies, and you acknowledge that EverShop has no liability for actions or policies of Third-Party providers.

11. Data & Backups

  • EverShop Cloud Hosting includes automated backups for your convenience; however, these backups are not guaranteed, and we do not ensure the integrity or availability of specific data.
  • You are responsible for maintaining independent backups of your website and any critical data.
  • EverShop is not liable for any data loss due to hardware failure, security breaches, accidental deletion, or other unforeseen circumstances.

12. Service Availability & Support

  • We strive for high availability but do not guarantee 100% uptime.
  • Planned maintenance and emergency outages may occur.
  • Support is provided via designated channels and response times may vary based on severity.

13. Termination & Suspension

  • You may cancel your subscription at any time; however, fees already paid are non-refundable.
  • EverShop reserves the right to suspend or terminate services if you violate these Terms.
  • We may suspend or terminate your access to the Service immediately if we detect fraud, abuse, or any activity that compromises the stability and security of our hosting environment.
  • Suspension or termination may also occur if your account is involved in non-compliance with payment obligations or repeated violations of our Acceptable Use Policy.
  • If your account is suspended, you may have a limited time to rectify any issues before permanent termination.
  • EverShop is not liable for any data loss resulting from termination or suspension, and it is your responsibility to back up your data before service disruption.

14. Limitation of Liability

EverShop services are provided "as is" without warranties of any kind. While we strive to offer reliable services, we cannot guarantee that our hosting services or Marketplace offerings will be uninterrupted, error-free, or secure at all times.

In no event shall EverShop, its affiliates, employees, or partners be liable for any indirect, incidental, or consequential damages arising from your use of the Service. This includes, but is not limited to, lost profits, data loss, business interruption, or other damages resulting from reliance on our hosting services or Marketplace products. Our liability in any case shall not exceed the amount paid by you for the Service during the twelve (12) months preceding the event giving rise to such liability. Some jurisdictions may not allow certain limitations of liability, in which case our liability will be limited to the fullest extent permitted by applicable law.

15. Changes to Terms

  • We may update these Terms from time to time. Continued use of the Service constitutes acceptance of the revised Terms.

16. Contact Information

For questions about these Terms, contact us at support@evershop.io.