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Terms of Service

Last updated: October 4, 2026

These Terms of Service ("Terms") are a legal agreement between you and EverShop LLC. They govern your use of EverShop Cloud, the EverShop Marketplace, the merchant portal at marketplace.evershop.io, and the related services described below (together, the "Services"). Please read them carefully. By creating an account, buying a plan, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Summary​

This summary is here to help you read the Terms. It is not part of the agreement; the numbered sections below are.

  • You buy a hosting plan for each store you run with us. Plans are paid in advance, monthly or yearly, and renew automatically on the same day of each period until you cancel. We email you before every renewal.
  • You can cancel a plan at any time. Your store keeps running until the end of the period you paid for, and you can undo the cancellation until then. We do not refund unused time, with one exception: a yearly plan can be refunded in full within 30 days of its first payment.
  • Marketplace themes and extensions are installed onto your hosted store. Paid items are billed monthly, after the month ends, for the days they were installed. Some items cost more as your store passes order milestones; the price never goes above the maximum shown to you before you install.
  • If a payment fails, your store keeps running for one billing month while we retry and remind you. After that the store is suspended, but your data is kept and you can come back at any time by paying what is owed.
  • You own your content and your customers' data. We take daily backups and let you download them.
  • We keep your store's software and installed items up to date, and roll an update back automatically if it fails.

1. Who we are, and some definitions​

"EverShop", "we", "us" and "our" mean EverShop LLC, a limited liability company formed in the State of Delaware, United States, with its registered address at 1111B S Governors Ave #28897, Dover, DE 19904, United States.

"You" and "your" mean the person or company that accepts these Terms and holds the account.

Other words used in these Terms:

  • Site: one hosted EverShop store that we run for you. You may have several Sites. Each Site has its own Plan and its own invoices; nothing is combined across Sites.
  • Plan: the hosting tier you choose for a Site. The Plans we offer, their prices and what they include are shown at the time of purchase and on our pricing page.
  • Billing Cycle: monthly or yearly, chosen when you subscribe.
  • Billing Period: the period covered by one Plan payment. It runs from one renewal date to the next.
  • Marketplace Item or Item: a theme or extension listed in the EverShop Marketplace.
  • Item Subscription: the monthly charge for a paid Item installed on a Site.
  • Portal: the merchant area of marketplace.evershop.io where you manage your Sites, Items and billing.
  • Lifetime Order Count: the number of qualifying orders a Site has received since it was created, as defined in section 7.4.
  • Stripe: Stripe, Inc., the payment processor we use to collect payments.

2. Agreement, eligibility and business use​

  • You must be at least 18 years old and able to enter into a binding contract.
  • If you accept these Terms for a company or another person, you confirm that you are authorized to bind them, and "you" then includes that company or person.
  • The Services are offered to businesses. You confirm that you use the Services to carry on a business activity, and not for personal, family or household purposes.
  • Where the law of your country gives you rights that cannot be excluded or limited by contract, nothing in these Terms limits those rights.
  • Our Privacy Policy explains how we handle personal data and is part of these Terms.

3. Your account​

  • You must give us accurate and complete information when you register and keep it up to date, including a valid email address. We send notices, invoices and reminders to that address and to the notification center in the Portal, and we treat them as delivered when we send them.
  • You are responsible for everything done through your account and for keeping your password secure. Tell us at once at support@evershop.io if you believe someone else has used your account.
  • We may refuse or cancel an account that violates these Terms.

4. The Services​

4.1 EverShop Cloud​

When you buy a Plan, we create and run a Site for you: the store software, its database and storage, a default subdomain, automatic backups, security, updates, and the merchant Portal. You manage your store through its own admin panel; we manage the infrastructure.

A Plan is meant for running one online store of normal size and activity. Section 11.4 explains how we treat storage and unusually high usage, section 14 covers email sending, and section 4.3 describes the support that is included.

4.2 EverShop Marketplace​

The Marketplace lists themes and extensions that you can install onto your Sites. Items are provided by EverShop. Items are used only on Sites we host: there is no download and no standalone purchase, and you may not copy or redistribute them. Section 7 describes how Items work and how they are billed.

4.3 Included services​

  • Transactional email sending (section 14)
  • One custom domain per Site with a managed SSL certificate (section 13)
  • Daily database backups that you can download (section 11)
  • Platform-managed updates (section 12)
  • Support: email support at support@evershop.io during our business hours. Our business hours are Monday to Friday, 9:00 to 18:00 Indochina Time (UTC+7), excluding public holidays in Vietnam. Response times vary with the severity of the issue.

4.4 What is not included​

We do not offer a service level agreement or an uptime guarantee (section 21). We do not offer a free trial. We do not process your store's payments: you choose and configure payment gateways in your store's admin, under your own agreements with those providers (section 16).

5. Fees and payment​

5.1 Payment method​

  • You pay through Stripe, by card or by another payment method shown at checkout. In these Terms, "card" includes any such payment method. Payment details are entered on Stripe's secure payment form and never reach our servers.
  • A card you pay with is saved to your account, and you can add more cards in the Portal. Exactly one card is your default. Your default card is charged for every invoice on every Site, except that a Plan renewal is charged to the card saved with that subscription: the card the Plan was bought with, until you choose a default. You cannot remove your default card until you have made another card the default.
  • When you make a card your default in the Portal, it becomes the card for the renewals of all your Sites as well. If a Site has an unpaid Plan invoice at that moment (section 10.1), we charge that invoice to the new default card straight away.
  • You authorize us and Stripe to charge your card automatically, without further action from you, for Plan renewals, Item Subscriptions, Plan changes and any other amount you owe under these Terms, when the amount becomes due and for as long as it remains unpaid.
  • If your bank requires you to authenticate a charge, the charge waits until you complete the authentication from the invoice page or the Portal. Until then the invoice is unpaid.

5.2 Prices, currency and taxes​

  • All prices are in US dollars.
  • Prices do not include taxes. We do not currently add tax to invoices. If we become required to collect sales tax, VAT or a similar tax on the Services, we will add it to your invoices and tell you before we do. You are responsible for any tax that applies to your purchase, and for the taxes of your own business.
  • You pay amounts in full, without set-off or deduction.

5.3 Invoices​

Every charge appears as an invoice in the Portal, under the Site it belongs to, with a link to the Stripe-hosted invoice page and its PDF. If you think an invoice is wrong, contact us within 30 days of the invoice date.

6. Plan subscriptions​

6.1 What you buy​

A Plan is a subscription for one Site. Your first payment is the full price of the first Billing Period, and we create your Site as soon as we receive it. If we cannot create your Site, we will tell you and fix the problem. If we cannot fix it within a reasonable time, we will refund your payment in full.

6.2 Billing in advance​

  • You pay for each Billing Period in advance, at the start of the period. There is no proration when you subscribe.
  • Your renewal date is the same day of the month (monthly) or of the year (yearly) as your first payment. If that day does not exist in a month, we charge on the last day of that month. A monthly subscription started on 31 January renews on 28 February and then on 31 March.

6.3 Automatic renewal and renewal notices​

  • Your Plan renews automatically at the end of every Billing Period, and we charge the price of the next period, unless you have cancelled (section 8).
  • We email you before every renewal: about 14 days before a yearly renewal and about 7 days before a monthly renewal. The email states the renewal date and the amount and contains a one-click option not to renew, which schedules a cancellation under section 8.
  • We do not send a renewal notice when a cancellation is already scheduled, because no renewal will happen.

6.4 Your price is fixed for the life of your subscription​

  • The price you pay for a Plan does not change for as long as that subscription continues, including at renewals.
  • We may change the list price of a Plan at any time. A new list price applies only to new subscriptions, to Plan changes you make (section 6.6), and to a Site you subscribe again after it stopped (sections 8 and 10).

6.5 Billing Cycle​

You choose monthly or yearly when you subscribe. The Billing Cycle cannot be switched during a subscription. To move to the other cycle, cancel the Plan (section 8) and subscribe the Site again when the current period ends.

6.6 Changing the Plan of a Site​

This section applies when we offer more than one Plan. While we offer a single Plan, there is no other Plan to move to and the Portal does not show this option.

You can move a Site to another Plan from the Portal. The change applies immediately and is priced at the then-current list price of the new Plan. The renewal date does not change.

  • Moving to a more expensive Plan. We charge you now for the price difference over the remaining days of your current Billing Period, calculated per day over the actual number of days in that period. The new Plan applies only after this charge succeeds. If the charge fails, nothing changes and you owe nothing. If your bank requires authentication, the change waits until you complete it.
  • Moving to a cheaper Plan. We credit you the price difference over the remaining days of the current Billing Period, calculated the same way. The credit goes to your account balance and is applied automatically to your future invoices, for any of your Sites, until it is used up. Credit is not paid out in cash.
  • A move to a cheaper Plan is possible only if the Site fits the new Plan: its stored data is within the new Plan's storage limits and every installed Item is supported by the new Plan. The Portal tells you exactly what must be reduced or uninstalled first.
  • You cannot move to a more expensive Plan while any amount is past due on that Site. Moving to a cheaper Plan stays available even then.
  • Plan changes are not possible during the 24 hours before a Site's renewal date, during the 24 hours before the end of a calendar month (UTC), when Item invoices are prepared, or while a cancellation is scheduled for the Site.

7. Marketplace Items​

7.1 What Items are​

Items are themes and extensions that we make available for installation onto your Sites. We may add Items, change them, or stop listing them at any time (section 7.6). You receive no copy of an Item, and you may not download, copy, modify, redistribute or resell it. Your right to use an Item lasts for as long as it is installed on a Site under these Terms.

7.2 Free and paid Items​

Free Items cost nothing. Paid Items carry an Item Subscription: a monthly price per Site. Before you install a paid Item on a Site, the Portal shows you its full price table and what it will cost that Site now and at every future milestone, including the maximum price.

7.3 How Item Subscriptions are billed​

  • Item Subscriptions are billed monthly in arrears. At the end of each calendar month (UTC) we issue one Item invoice per Site, covering every paid Item that was installed on that Site during the month.
  • You pay only for the days an Item was installed and running. The charge for an Item is: the number of days it ran in the month, divided by the number of days in that month, multiplied by the Item's monthly price for that month, rounded to the nearest cent.
  • An Item's monthly price may step up with the Site's Lifetime Order Count (section 7.4). The Item's price table lists order-count milestones and the monthly price for each band, up to a final price that is the maximum the Item will ever cost on that Site. The price only moves up the table; it never moves down.
  • The price band that applies to a month is the band for the Site's Lifetime Order Count at the end of that month (UTC). It applies to the whole month, including the days before a milestone was crossed.
  • We notify you when your Site crosses a milestone that changes the price of any installed Item, so that an invoice is never the first you hear of a new price.
  • The price table of an Item is fixed for each installation at the moment you install it. If we change an Item's price table later, the change applies only to installations made after the change. An Item you uninstall and later reinstall is a new installation at the then-current price table.

7.4 Lifetime Order Count​

A Site's Lifetime Order Count is the number of qualifying orders placed in that store since it was created. It is the same for every Item installed on the Site.

  • An order paid with an offline payment method, such as cash on delivery, counts when it is placed, whatever its status.
  • An order paid with an online payment method counts once its payment is no longer pending, that is, when the payment has succeeded. An online order whose payment is never completed does not count.
  • Once an order has been counted, it stays counted. Cancellations, refunds, returns, chargebacks and fulfilment status do not reduce the count.
  • Only EverShop can correct a Lifetime Order Count, in documented exceptional cases such as a wave of fraudulent orders. There is no merchant-facing way to change it.

7.5 Installing and uninstalling​

  • Installing an Item onto a Site requires that the Site is active, has no cancellation scheduled, has no past-due invoice, and is compatible with the Item. The Portal shows the reason when a Site is not eligible. Uninstalling is always possible, including while a payment is past due.
  • Installing or uninstalling an Item may interrupt your storefront for a few seconds while the change is applied. Before applying a change we take a restore point. If the change fails our health check, we roll it back and your Site stays as it was.
  • A Site runs exactly one theme. Installing a theme replaces the current one. The replaced theme is billed up to the day before the replacement, and the new theme from the replacement day. Uninstalling a theme without a replacement returns the Site to the default theme.
  • Uninstalling an Item stops its billing; the day you uninstall is not charged. The Item's data and configuration remain stored on your Site, so that a later reinstall finds them.
  • Item charges accrue for as long as an Item is installed. There is no way to pause an installed Item. To stop its charges, uninstall it.

7.6 Changes to the catalog​

We may stop listing an Item. An Item that is no longer listed cannot be newly installed, but it stays installed and continues to run and to be billed on Sites where it is already installed, until you uninstall it.

7.7 If an Item invoice is not paid​

Item invoices are separate from your Plan. If a Site's Item invoice fails, the Site itself is not affected: it keeps running and its Plan is unchanged. The paid Items on that Site keep running for one month, until the next month-end invoice, while Stripe retries the payment and we send you reminders. If the invoice is still unpaid after that, we disable the paid Items on that Site. A disabled theme is replaced by the default theme; a disabled extension is switched off. Disabled Items are not removed and are not billed. As soon as you pay the outstanding Item invoices, from the Portal or from the invoice page, the Items are switched back on with their settings and price tables intact.

8. Cancelling a Plan​

  • You can cancel a Site's Plan at any time from the Portal. There is no notice period and no deadline.
  • Cancelling schedules the subscription not to renew. The Site keeps running normally until the end of the Billing Period you have paid for. Installed Items keep running and keep being billed until then. While a cancellation is scheduled you cannot install new Items or change the Plan, but you can uninstall Items.
  • You can undo a scheduled cancellation at any time before the end of the period. Nothing changes and the Plan renews as usual.
  • At the end of the period the Site and its Items stop together, and we issue a final Item invoice for the Item days since the last month-end invoice, up to the day before the stop. If this invoice cannot be collected, it remains due (section 10.4).
  • We do not refund any part of a Billing Period you have paid for, except under the money-back guarantee in section 9.
  • After the stop we keep your Site's data and a backup (section 11). You can download the backup at any time, and you can bring the Site back at any time by subscribing it again. A resubscription is a new subscription at the then-current list price, with a new renewal date. Any unpaid final Item invoice is charged first.

9. Refunds and the 30-day money-back guarantee​

9.1 The guarantee​

If you subscribe a Site to a yearly Plan, you may ask for a full refund within 30 days of your first payment for that Site. If you do:

  • the Site stops immediately, instead of running to the end of the year;
  • we refund every Plan payment you made for that Site, including any charge for moving to a more expensive Plan, and every Item invoice issued for that Site since your first payment: paid Item invoices are refunded and unpaid ones are cancelled;
  • refunds go to the payment method you paid with. Banks typically post a refund within 5 to 10 business days.

The guarantee applies once per Site and only to the first subscription of a Site. It does not apply to renewals, to monthly Plans, or to a Site you have subscribed again after it stopped. Where a Site is eligible, the Portal offers the guarantee alongside the normal cancellation.

9.2 No other refunds​

Apart from section 9.1, section 6.1 (a Site we could not create), section 20 (a Service we discontinue), and refunds required by law, all payments are final. In particular we do not refund unused time after a cancellation, Plan fees for a Billing Period that has started, or Item charges for days an Item was installed.

10. Failed payments, grace, suspension and reactivation​

10.1 If a Plan payment fails​

  • Your Site keeps running, and installed Items keep running and keep being billed. For one billing month after the failed renewal, Stripe retries the payment and we send you reminders: when the payment fails, then about 7, 14 and 21 days later, and a final reminder 3 days before the deadline. The deadline is the end of the unpaid Billing Period for a monthly Plan, and one month after the renewal date for a yearly Plan.
  • If the payment succeeds during this time, nothing else happens.
  • You do not have to wait for a retry. If you make another card your default in the Portal during this time, we charge the unpaid Plan invoice to that card straight away (section 5.1). If that charge does not succeed, the deadline stays the same.
  • During this time you cannot install new Items or move to a more expensive Plan. Uninstalling Items and moving to a cheaper Plan stay available.

10.2 Suspension​

If the payment has not succeeded by the deadline, we suspend the Site: the storefront and its admin stop, and every installed Item stops with it. From that moment no further Plan or Item charges accrue. Item days before the suspension are still invoiced at the next month end. You owe exactly one month of Plan fees for the time your Site ran without payment: the unpaid renewal invoice on a monthly Plan, or one twelfth of the yearly price on a yearly Plan, plus any unpaid Item invoices. We take a backup when the Site stops and keep your data (section 11).

10.3 Reactivation​

You can reactivate a suspended Site at any time from the Portal by paying the amount owed. When it is paid, we start a new subscription for the Site at the then-current list price, charge its first Billing Period, give it a new renewal date, and restore the Site and its Items to how they were when the Site stopped.

10.4 Amounts remain due​

Amounts you owe under these Terms remain due until they are paid. We do not delete a Site's data because of non-payment.

10.5 Chargebacks​

If you have a question about a charge, contact us first. If you dispute a charge with your bank or card issuer, we may suspend the Site the charge relates to and refuse new purchases on your account while the dispute is open. If the dispute is decided in our favor, the amount is due again, together with any fee the card networks charge us for the dispute.

11. Your content and your data​

11.1 Ownership​

You own the content you put into your Sites, including product information, images, text, and your customers' data. We do not claim ownership of it. You grant us the right to host, copy, process, back up, display and transmit your content as needed to provide the Services to you and to comply with the law.

You are responsible for your content: for having the right to use it and for making sure it is lawful.

11.2 Your customers' data​

Your Sites collect personal data from your customers on your behalf. You decide what is collected and how it is used, and you are responsible for complying with the privacy and consumer laws that apply to your business, including publishing your own privacy notice. We process this data only to run your Sites and provide the Services, as described in our Privacy Policy.

11.3 Backups​

  • We take an automatic backup of each Site's database every day and keep it for at least 7 days. The Portal shows how long the backups of your Site are kept.
  • When a Site stops (section 8 or 10), we take a backup and keep it for as long as we keep the Site's data.
  • You can download any retained backup from the Portal. A backup download contains your Site's database. Media files are not included in the download at this time, so keep your own copies of your images and files.
  • Restoring a Site is something we do, not something you trigger: we restore your Site when you reactivate it, and we roll a failed install or update back to its restore point. We do not currently offer restoring a Site to an earlier backup on request.
  • Backups are a safety measure, not a guarantee. Keep your own copies of anything critical to your business.

11.4 Storage and fair use​

A Plan is meant for running one online store of normal size and activity. We do not currently enforce a storage limit: we do not block your Site or charge extra because of how much it stores. If a Site's usage is far beyond what a store of its kind normally needs, or affects other merchants, we may contact you to agree on a solution. We may introduce storage limits, enforcement or overage charges in the future; if we do, we will tell you at least 30 days in advance.

11.5 Retention after a Site stops​

We keep the data and the stop backup of a cancelled or suspended Site so that you can download it or reactivate the Site. You can ask us to delete a stopped Site's data at any time by writing to support@evershop.io. We delete it within 30 days of confirming your request, and deletion is permanent. We may also delete the data of a Site that has been stopped for more than 12 months, after giving you at least 30 days' notice by email.

12. Updates and maintenance​

  • We keep your Site's platform software and installed Items up to date. We test updates centrally, apply them behind a restore point, and check the Site afterwards. If an update fails the check, we roll it back and your Site keeps running on the previous version. You take no action, and you are never asked to fix a compatibility problem yourself.
  • Updates are applied at midnight in your Site's configured time zone. We tell you in advance before a platform upgrade. An upgrade may interrupt your storefront for a short time, measured in minutes at most.
  • You can freeze updates for a Site from the Portal. While frozen, updates are skipped and are applied when you lift the freeze. Security updates may override a freeze, because keeping the platform secure takes priority.
  • Updates never change the price table of an installed Item.
  • You authorize us to make these changes to your Site.

13. Custom domains​

  • Each Site has a default subdomain that always works. You can attach one custom domain per Site. The same domain cannot be used by two Sites.
  • You must own or control the domain and its DNS. We show you the exact DNS records to create at your registrar. The domain goes live only after we have verified that it points to us. We issue and renew its SSL certificate automatically.
  • Once the custom domain is live it becomes the Site's only address: the default subdomain and the www form redirect to it. If your domain stops pointing to us, we notify you; keeping your DNS correct is your responsibility.
  • A custom domain stops serving when its Site stops. The domain remains yours: we do not register or own domains for you.

14. Transactional email​

  • Your Site can send transactional emails, such as order confirmations and password resets, through our email service with no setup. Emails are sent from our sending domain, evershopemails.io, with your store's name as the sender name and your store's contact address as the reply-to address, both taken from your store settings.
  • The service is for transactional email only. You may not use it for marketing or bulk email.
  • The service is included for the normal transactional volume of an online store. We do not currently block or charge for sending because of volume alone. We may introduce a sending allowance, throttling or charges in the future, with at least 30 days' notice.
  • Because all merchants share the sending domain, we may throttle or stop a Site's sending if it harms deliverability for others, for example through high bounce or complaint rates, or through content that violates section 15.
  • Email content is processed only to deliver the message; we do not keep an archive of it. Sending stops when a Site stops.

15. Acceptable use​

You may not use the Services, and may not allow anyone else to use them, to:

  • break any law, or sell goods or services that are illegal where you or your customers are;
  • infringe the intellectual property, privacy or other rights of others, including by selling counterfeit goods;
  • impersonate a person, brand or organization, including through your store name or your email sender identity;
  • distribute malware, run phishing or scams, or collect data unlawfully;
  • send unsolicited or bulk email, or use the email service for anything other than transactional messages;
  • attack, probe, overload, or circumvent the security or the technical limits of the Services or of other merchants' Sites;
  • run workloads that are not an online store, such as cryptocurrency mining, or resell the Services.

We may remove content, suspend a Site, or suspend or terminate your account if we reasonably believe you have violated this section (section 20). In serious cases we may do so without prior notice, where the law allows.

16. Your store and your customers​

  • You run your store. Your sales, prices, product descriptions, shipping, returns, refunds, customer support, taxes and legal compliance are your responsibility. We are not a party to any transaction between you and your customers.
  • Payments in your store are processed by the payment providers you choose and configure, under your own agreements with them. We do not hold or process your customers' payments.
  • We do not mediate disputes between you and your customers.

17. Third-party services​

You may connect third-party services to your Site, such as payment gateways, shipping carriers or analytics tools. We do not control or endorse them. Your use of a third-party service is between you and that provider, under its terms and privacy policy. If you connect a third-party service, you allow it to access your Site's data as needed for it to work. We are not responsible for third-party services, for how they handle data, or for problems they cause, and we may not be able to support issues caused by them.

18. Intellectual property​

  • The EverShop platform software is open source and licensed under the GNU General Public License version 3. Nothing in these Terms limits your rights under that license.
  • The Services beyond the open-source software, including the Portal, the Marketplace, our infrastructure, our documentation, our trademarks, and the Items we provide, are owned by EverShop or its licensors. Items are licensed to you only for use on the Site they are installed on, for as long as they are installed. Where an Item includes open-source components, their licenses apply to those components.
  • You may not use our trademarks or logos without our written permission.
  • If you send us feedback or suggestions, we may use them without any obligation to you.

19. Privacy​

Our Privacy Policy describes how we collect and use personal data about you and about visitors to the Services. We process your customers' data as described in section 11.2.

20. Suspension and termination by us​

  • We may suspend a Site or your account if you violate these Terms, if the law requires us to, or if a Site threatens the security or stability of the Services or of other merchants. Where practical we tell you first and give you a chance to fix the problem.
  • We may terminate your account and these Terms if a violation is serious or is not fixed after notice.
  • If we suspend or terminate because of a violation, unpaid amounts remain due and we do not refund payments already made, except where the law requires. Unless the law prevents it, we keep your data available for download for at least 30 days after termination.
  • We may stop offering the Services or a part of them. If we discontinue a Plan or the Services as a whole, we will give you at least 30 days' notice and refund any prepaid fees for the period after the discontinuation.

21. Disclaimers​

The Services are provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free or secure, or that they will meet your requirements. We do not offer an uptime commitment. Planned maintenance, updates and unplanned outages can occur.

22. Limitation of liability​

To the fullest extent permitted by law:

  • We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or business interruption, arising from your use of or inability to use the Services, even if we were told they were possible.
  • Our total liability to you for all claims arising from the Services is limited to the amount you paid us for the Services in the 12 months before the event giving rise to the claim.
  • These limits do not apply to liability that cannot be limited by law, to liability for death or personal injury caused by our negligence, or to our fraud or wilful misconduct.

23. Indemnification​

You agree to defend, indemnify and hold harmless EverShop and its officers, employees and agents from claims, damages and costs, including reasonable legal fees, brought by a third party and arising from your content, your store and its transactions, your violation of these Terms, or your violation of the law or of someone else's rights.

24. Changes to the Services and to these Terms​

  • We improve and change the Services over time, and may add, change or remove features.
  • We may change these Terms. If a change materially reduces your rights or increases your obligations, or changes prices, refunds or how we handle your data, we will notify you at least 30 days before it takes effect, by email to your account address and by a notice in the Portal. Other changes take effect when we publish the updated Terms with a new "Last updated" date. We may make changes with immediate effect where required for legal, security or abuse-prevention reasons.
  • If you do not agree with a change, you may cancel your Plans before it takes effect (section 8). Continuing to use the Services after a change takes effect means you accept it.

25. Governing law and disputes​

  • These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
  • If you have a dispute with us, contact us first at support@evershop.io. We will try to resolve it informally within 30 days.
  • Any dispute we cannot resolve informally will be brought exclusively in the state or federal courts located in the State of Delaware, and you and we consent to their jurisdiction. This does not remove any right you have under the mandatory consumer law of your country to bring a claim in your local courts.

26. General​

  • These Terms, together with the Privacy Policy and the Plan and Item descriptions shown at the time of purchase, are the entire agreement between you and us about the Services.
  • If a part of these Terms is found unenforceable, the rest remains in force.
  • You may not transfer your account or these Terms to anyone else without our written consent. We may transfer them to an affiliate or to a successor of our business, and we will notify you if we do.
  • We are not liable for failures caused by events beyond our reasonable control, such as outages of upstream providers, natural disasters or government actions.
  • If we do not enforce a right under these Terms, we do not waive it.
  • Sections that by their nature should survive the end of these Terms survive, including sections 10.4, 11.1, 18, 21, 22, 23 and 25.
  • These Terms are written in English. If we provide a translation, the English version controls.

27. Contact​

  • EverShop LLC
  • 1111B S Governors Ave #28897, Dover, DE 19904, United States
  • support@evershop.io