Terms of Service Agreement for Shopxare, LLC

Last Updated: January 6, 2024

1. Company Information

This Agreement is made between you (“you” or “User”) and Shopxare, LLC (“Shopxare”, “we”, “us”, or “our”), a Delaware limited liability company. Our principal place of business is located at 2318 Garden RD, Shopxare Park Monterey, CA 93940 United States. You can contact us at +1 862 727 7373 or via email at info@shopxare.com. Our EIN Number is 30-1366658, and our entity ID is 001-091-153. We were officially formed on July 26, 2023, and our registered address is 181 W Valley Ave Ste 245 #523 Birmingham, Alabama 35209 US.

2. Service Description

Shopxare provides an advanced e-commerce infrastructure platform designed to facilitate the creation, management, and operation of online stores without requiring coding knowledge. Our comprehensive services include but are not limited to:

• Website Hosting: Secure and reliable hosting solutions for your e-commerce store.

• Payment Processing: Multiple integrated payment gateways to ensure smooth transactions.

• Order Management: Tools to efficiently manage customer orders and inventory.

• Customer Support: Basic support through FAQs and online resources.

2.1. No Additional Services

Currently, Shopxare does not offer additional personalized services such as one-on-one consultations, in-depth training sessions, or bespoke support services. Our focus is on providing robust tools that empower users to self-manage their e-commerce platforms effectively.

3. Account Terms

3.1. Eligibility

To create an account with Shopxare, you must be at least 18 years old. By registering for an account, you represent and warrant that you are at least 18 years old and that the information you provide during the registration process is accurate, complete, and current.

3.2. Required Information

During the registration process, you will be required to provide the following information:

• Email address

• Phone number

• Full name

• Password

• Store name (during the setup of your online store)

3.3. Account Security

You are responsible for maintaining the confidentiality of your account and password. You agree to notify Shopxare immediately of any unauthorized use of your account. Shopxare will not be liable for any loss or damage arising from your failure to protect your account information.

4. User Responsibilities

4.1. Prohibited Activities

Users must comply with all applicable laws and regulations when using our services. Prohibited activities include, but are not limited to:

• Selling illegal films, TV shows, or any other illegal content.

• Selling pornographic products.

• Selling products that violate any US laws or regulations.

• Engaging in activities that infringe on the rights of others or that are otherwise harmful or illegal.

4.2. Compliance

Users are responsible for ensuring that their activities, content, and conduct comply with all applicable local, state, national, and international laws and regulations. This includes obtaining any necessary licenses or permits.

5. Payment and Fees

5.1. Payment Terms

Shopxare operates on a pay-as-you-go system with options for monthly or annual subscriptions. Payments must be made in advance for the chosen subscription period. Subscription fees are non-refundable except as expressly set forth in our refund policy.

5.2. Fees

Our service fees are structured as follows:

• No Setup Fees: There are no initial setup fees to start using our platform.

• Transaction Fees: Transaction fees vary based on the services utilized, such as Shopxare Payment and Shopxare Delivery. Detailed information on these fees is provided during the service selection process.

5.3. Refund Policy

Users may request a refund within three days of their purchase without any conditions. Refunds will be processed promptly, and users will be notified of the refund status via email. Refunds will be issued using the same payment method originally used by the user.

6. Confidentiality

6.1. User Privacy

Shopxare is committed to protecting user privacy. We adhere to the principle of minimal data collection and only collect information necessary to provide our services. User data is never shared with third parties without explicit consent.

6.2. Data Protection

We employ advanced technology and encryption techniques to safeguard sensitive user information. These measures include but are not limited to:

• Secure servers

• Encryption of sensitive data

• Regular security audits and assessments

7. Limitation of Liability and Indemnification

7.1. Limitation of Liability

Shopxare shall not be held liable for any losses or damages arising from events beyond our control, including but not limited to natural disasters, fires, national emergencies, or bankruptcy. Our liability for any claims arising from the use of our services is limited to the amount paid by the user for the services in question.

7.2. Indemnification

Users agree to indemnify and hold Shopxare harmless from any claims, damages, or expenses arising from their use of our services or violation of this Agreement. This includes any claims arising from content posted on their websites or any actions taken by them that infringe on the rights of others.

8. Intellectual Property

8.1. Ownership

All intellectual property rights, including but not limited to trademarks, service marks, and copyrights related to Shopxare’s services, are owned by Shopxare LLC. Users are granted a limited, non-exclusive, non-transferable license to use our services for their intended purposes.

8.2. User Responsibility

Users are responsible for managing, protecting, and respecting the intellectual property rights of the content published on their websites. This includes ensuring that their content does not infringe on the rights of others and that they have the necessary rights and permissions to use any third-party content.

9. Termination

9.1. Unilateral Termination

Shopxare reserves the right to terminate any account that violates our terms or receives a closure notice from any legal authority. In such cases, users will be notified via email, and their accounts will be terminated immediately.

9.2. Mutual Termination

Users may terminate their accounts at any time by completing their subscription payments and deactivating their accounts through the control panel. Upon termination, users must cease all use of our services and delete any copies of the software from their systems.

10. Modifications

10.1. User Responsibility

It is the user’s responsibility to stay informed of any changes to this Agreement. All updates will be published on the official Shopxare website. Continued use of our services after any changes constitutes acceptance of the new terms.

10.2. No Obligation to Notify

Shopxare is not obligated to provide written or verbal notice of changes to the Terms of Service. Users are encouraged to regularly review the terms on our website to stay informed of any changes.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, or the jurisdiction in which the user’s account was created and billed, at Shopxare’s discretion. Any disputes arising from or relating to this Agreement will be resolved in the courts of California or the user’s jurisdiction.

12. Dispute Resolution

12.1. Arbitration

All disputes arising from or relating to this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Monterey, California, unless otherwise agreed by the parties.

12.2. Legal Action

In cases where arbitration is not applicable, any legal action arising from this Agreement will be resolved in the courts of California or the user’s jurisdiction, at Shopxare’s discretion.

13. Additional Clauses

13.1. Privacy Policy

Our Privacy Policy, which is incorporated by reference into this Agreement, provides additional details on how we collect, use, and protect user information. Users are encouraged to review our Privacy Policy to understand our data practices.

13.2. Data Processing Agreements

For users subject to data protection laws, such as the General Data Protection Regulation (GDPR), we offer Data Processing Agreements (DPA) that outline our commitments to data security and user privacy. Users can request a DPA by contacting us at info@shopxare.com.

13.3. Compliance Requirements

Users must comply with all applicable compliance requirements related to their use of our services. This includes but is not limited to payment card industry (PCI) compliance, data protection regulations, and any other legal or regulatory obligations.

By using our services, you agree to comply with these Terms of Service. If you have any questions or need further clarification, please contact us at info@shopxare.com.

Acceptance

By registering for an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our services.

These Terms of Service constitute the entire agreement between you and Shopxare with respect to the use of our services. Any amendments or modifications to this Agreement must be made in writing and signed by both parties.