Terms of Service

Effective Date: 01/04/2024

Welcome to Commerce Engine ("we," "us," "our," or "Commerce Engine"). These Terms of Use ("Terms") govern your access to and use of our headless e-commerce platform, Commerce Engine ("Platform") including any related services, APIs, tools and documentation (collectively, the "Services"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

1. Acceptance of Terms

By using the Platform, you confirm that:

• You are at least 18 years old or the legal age of majority in your jurisdiction.

• You have the authority to enter into these Terms.

• If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Your use of the Platform is subject to these Terms our Privacy Policy and any additional terms or policies we may provide. If you do not agree to these Terms or any applicable policies you must not use the Platform.

 2. Changes to These Terms

Commerce Engine reserves the right to update or modify these Terms at any time. We will notify you of any material changes by email or through a notice on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms you must stop using the Platform.

 3. Platform Services

Commerce Engine provides a headless e-commerce platform that enables businesses to build, manage and scale their online stores. The Platform includes, but is not limited to:

• APIs: Access to APIs for product management, orders, payments, customer data and other e-commerce functionalities.

• Customization Tools: Tools to customize and integrate the Platform with third-party services, applications or front-end frameworks.

• Documentation and Support: Comprehensive documentation and developer support to assist you in using the Platform effectively.

We reserve the right to modify, suspend or discontinue any part of the Platform at any time without notice. Commerce Engine is not liable to you or any third party for any changes, suspension or discontinuation of the Platform.

 4. Your Responsibilities

By using the Platform, you agree to:

Compliance with Laws: Use the Platform only for lawful purposes and in compliance with all applicable laws, regulations and industry standards.

Accurate Information: Provide accurate, complete and up-to-date information when creating an account or using the Platform.

Account Security: Maintain the security of your account credentials and notify us immediately of any unauthorized access or breach.

Prohibited Activities: Do not use the Platform to:

• Transmit any harmful, illegal or infringing content.

• Engage in fraudulent, abusive or unethical activities.

• Reverse-engineer, decompile or attempt to extract the source code of the Platform unless explicitly permitted by law.

• Interfere with or disrupt the integrity or performance of the Platform.

5. Intellectual Property

All intellectual property rights in the Platform, including but not limited to software, APIs, documentation, trademarks, logos and content are owned by Commerce Engine or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms. You may not:

• Copy, modify, or create derivative works of the Platform.

• Use our intellectual property (e.g., trademarks, logos) without our prior written consent.

• Remove or alter any copyright, trademark, or other proprietary notices.

Any feedback, suggestions or ideas you provide to Commerce Engine regarding the Platform may be used by us without any obligation to you.

6. Data Privacy

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and protect your data. By using the Platform you consent to the collection and use of your data as described in the Privacy Policy. Commerce Engine is committed to protecting your privacy and will handle your data in accordance with applicable data protection laws.

7. Third-Party Services

The Platform may integrate with or provide links to third-party services such as payment gateways, shipping providers or analytics tools. These services are not under our control and Commerce Engine is not responsible for their content, functionality or privacy practices. Your use of third-party services is at your own risk and you should review their terms and policies before using them.

8. Fees and Payment

If you subscribe to a paid plan, you agree to pay all applicable fees as described in your subscription plan. Fees are non-refundable unless otherwise stated. 

Commerce Engine reserves the right to:

• Change pricing at any time, with notice provided to you in advance.

• Suspend or terminate your access to the Platform for non-payment of fees.

You are responsible for all taxes, duties and other governmental charges associated with your use of the Platform.

9. Termination

Commerce Engine may suspend or terminate your access to the Platform at any time with or without notice for any reason, including but not limited to:

• Violation of these Terms.

• Non-payment of fees.

• Engaging in prohibited activities.

Upon termination, your right to use the Platform will immediately cease and you must stop all use of the Platform and delete any copies of its documentation or content.

10. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Commerce Engine does not guarantee that:

• The Platform will be error-free, secure, or uninterrupted.

• The Platform will meet your specific requirements or expectations.

•  Any defects in the Platform will be corrected.

11. Limitation of Liability

To the fullest extent permitted by law, Commerce Engine shall not be liable for any indirect, incidental, special, consequential or punitive damages including but not limited to loss of profits, data or business opportunities, arising out of or related to your use of the Platform. In no event shall Commerce Engine's total liability to you exceed the amount paid by you to Commerce Engine in the last 12 months.

12. Indemnification

You agree to indemnify and hold harmless Commerce Engine its affiliates and their respective officers, directors, employees and agents from any claims, liabilities, damages, losses or expenses arising out of:

• Your use of the Platform.

• Your violation of these Terms.

•  Your infringement of any third-party rights.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the courts.

14. Contact Us

If you have any questions about these Terms, please contact us at: https://www.commercengine.io/contact-us

15. Entire Agreement

These Terms constitute the entire agreement between you and Commerce Engine regarding your use of the Platform and supersede any prior agreements or understandings. If any provision of these Terms is found to be invalid or unenforceable the remaining provisions will remain in full force and effect.