Terms of Service

Last updated: January 14 2021

The following terms ("Terms of Service") describe the terms and conditions applicable to your access to and use of the Services, as such term is defined in first section below. This document constitutes a legally binding agreement between you, whether personally or on behalf of an entity, as the user of the Services (referred to as "you" or "your") and the company providing the Services, where applicable (referred to as "we", "our", "us" or "the Company").

By signing up for the Services and/or using the Services you agree that you have read, understood and agreed to be bound by all of the terms and conditions contained in these Terms of Service, our Privacy Policy available at (https://www.sealsubscriptions.com/legal/privacy-policy) and any documents incorporated by reference. Any new features, functionalities of tools that are added to the current Services shall also be subject to these Terms of Service. You can read and review the current version of the Terms of Service at any time here (https://www.sealsubscriptions.com/legal/terms-of-service). We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason by posting updates and changes at (https://www.sealsubscriptions.com/legal/terms-of-service). We will alert you about any changes by updating the "Last updated" date in Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to check the Terms of Service from time to time for any updates or changes that may impact you.

By signing up for the Services and/or using the Services you agree that you have read, understood and agreed to be bound by all of the terms and conditions contained in these Terms of Service, our Privacy Policy available at (https://www.sealsubscriptions.com/legal/privacy-policy) and any documents incorporated by reference.

  • Definitions in these Terms of Service:
    1. "Content" means all data, information and any content in any media or format you provided to the Company by your use of the Services. This includes any data and information accessible through Shopify API about your Shopify account (including but not limited to product information and order information).
    2. "Customer" means the end customer who is buying the products from the Merchant.
    3. "Dispute" or "Disputes" means any dispute, controversy, or claim.
    4. "Fees" means any charges applicable to your usage of the Services.
    5. "Company" the company (Seal Subscriptions) which is providing the Services.
    6. "Merchant" means an individual or a company who is using the Services for business purposes.
    7. "Account" means an account, which is created manually or automatically, used for accessing the Services.
    8. "Privacy Policy" means our privacy policy available at (https://www.sealsubscriptions.com/legal/privacy-policy).
    9. "Services" or "Service" means the Seal Subscriptions application and any other services (including any associated software, products, featuers and services) provided by the Company.
    10. "Taxes" means any applicable federal, provincial, state, local or other governmental sales, harmonized, goods and services, value-added or other taxes, fees or charges.
    11. "Terms of Service" means our terms of service available at (https://www.sealsubscriptions.com/legal/terms-of-service).
    12. "Third Party Service" or "Third Party Services" means any service, application, software, feature, platform, website, or product provided by any third party.
  • General Conditions
    1. The Service assist you in managing your business by providing an online subscription service that enables you to accept and process subscriptions from your Customers. The Service will provide the subscription service which may consist of reqular e-mails to your subscribed Customers with a link to the checkout, an automatic charging of subscribed Customers for the subscribed products or any other related functionality.
    2. If you want to use the Service, you have to always comply with the Terms of Service, the Privacy Policy, and any other rules, guidelines, policies and/or procedures that the Company communicates to you. If you fail to do so, then this may result in a termination and/or suspension of this agreement and your use of the Service.
    3. The Company has no control over, and will not be responsible or liable for any liability arising out of any transaction, communication or e-mail message between you and any party (including between you and your Customers and between you and any third party).
    4. You have to be at least 18 years old or at least the age of majority in the jurisdiction where you reside or from which you are in order to use the Service.
    5. You acknowledge that the Company will use the e-mail address, you provide either manually or the e-mail address which is provided through the Content, as the primary method for communication.
    6. You acknowledge and agree that all intelectual property rights in the Services, including without limitation, any associated software, documentation, websites, tools, applications, products, any modifications are exclusively owned by the Company, unless stated otherwise.
    7. You acknowledge and agree that the Services, including without limitation, any associated software, documentation, websites, tools, applications, products, any modifications are exclusively owned by the Company, unless stated otherwise.
    8. You acknowledge and agree that we may, in our sole discretion, make changes or modifications to these Terms of Service, including the Privacy Policy and any other documents incorporated by reference at any time and for any reason by posting updates and changes at (https://www.sealsubscriptions.com/legal/terms-of-service) or in the document to which the changes are relevant. We will alert you about any changes by updating the "Last updated" date in Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to check the Terms of Service from time to time for any updates or changes that may impact you. You acknowledge and agree that such amendments are effective as of the date of posting. Your continued use of the Service after the modified Terms of Service, the Privacy Policy, and any other documents incorporated by reference are posted constitutes your agreement to, and acceptance of, the amended document. In case you do not agree with any changes to the Terms of Service, the Privacy Policy, and any other documents incorporated by reference, stop using the Services.
    9. You may not use the Service for any illegal, unauthorized or fradulent purpose. Your use of the Service may not violate any applicable law or regulation in your jurisdiction (including but not limited to copyright laws). Nor may your use of the Service violate any laws in your Customer's jurisdiction, or the laws of the country where the Company operates in. You will comply with all applicable laws, rules and regulations in your use of the Service. Without limiting the foregoing, it is your responsibility, and not the Company’s responsibility, to ensure that your usage of the Service (including but not limited to sending the e-mails on your behalf to Customers) complies with all applicable laws, rules and regulations (including but not limited to the laws, rules and regulations of your jurisdiction, the laws, rules and regulations in your Customers' jurisdiction and the laws, rules and regulations in Company's jurisdiction).
    10. You agree to always have an up to date privacy policy that complies with any applicable laws, rules and regulations on your site or sites on which you use the Service. Said privacy policy must also inform Customers how their personal data is used and stored in accordance with the Service. You can read about our usage and storage policies of any personal data in the Privacy Policy.
    11. You agree that you have all the necessary permissions and consent from Customers, as required by applicable laws, rules and regulations, to use, process and provide their data to our Services in order to provide the Services. You can read how Customers' data is used in our Privacy Policy.
    12. You agree that you have all the necessary permissions and consent from Customers, as required by applicable laws, rules and regulations, to transfer to and store their data in the country and/or region where we store the Service's data (including but not limited to any personal data) as stated in our Privacy Policy. You can read how Customers' data is stored in our Privacy Policy.
    13. You agree to give us explicit consent to transfer to and store your personal data, which is needed to provide the Services, in the country and/or region where we store the Service's data. You can read which personal data we collect in our Privacy Policy.
    14. You agree not to duplicate, reproduct, copy, resell, sell, reverse engineer or exploit Services or any part of the Services without first obtaining our express written permission.
    15. In case you are signing up for the Service on behalf of your employer, firm or other legal entity, then you represent and warrant that you have the authority to bind your employer, firm or other legal entity to these Terms of Service.
    16. You agree not to purchase search engine or any other pay per click keywords, or domain names that use the Company name or the Company’s trademarks and/or variations and misspellings thereof.
    17. The Company assumes no responsibility and no warranty regarding meeting applicable disclosure requirements in your customer notifications and communications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.
    18. We reserve the right, at our own discretion, to modify features, add features, remove features, discontinue or terminate the Service or any part of it, or terminate your Account or your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, change, discontinuance or termination of the Service or any part of it, or the termination of your the Account or your access to the Services.
    19. We reserve the right to refuse the Service or limit the availability of the Service to anyone for any reason at any time.
    20. We may remove, modify or remove any Content that we determine in our sole discretion.
    21. A breach or violation of any provision of the Terms of Service, or the Privacy Policy or any other documents incorporated by reference may result in an immediate termination or suspension of your Account and access to the Services.
    22. Verbal or written abuse of any kind of the Company’s employees, officers, or members can result in immediate termination of your Account and access to the Service.
    23. You understand and acknowledge that any information you provide to us in using the Services (not including credit card information), may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks and/or devices. Should the Service ask you to provide any credit card information, then this information will always be encrypted during transfer over networks. All personal information you provide to us in using the Service will be treated in accordance with our Privacy Policy.
    24. The Company assumes no responsibility and no warranty for billing or failling to bill the customers automatically according to your or Customer's expectations.
  • Third Party Services
    1. You acknowledge that the Company may Company may employ and/or use any Third Party Service for providing the Service to you.
    2. In addition to these Terms of Service, you also agree to be bound by any additional service specific terms applicable to Third Party Services that are provided or used in order to provide you the Service or in connection with your use of the Services.
    3. You acknowledge that we do not provide any warranties or guarantees with respect to Third Party Services. You acknowledge and agree that the Company has no control over Third Party Services, and shall not be responsible or liable to you or anyone for any action, result or failure of any Third Party Service.
    4. You agree to indemnify and hold us and (as applicable) the Company employess, partners, officers, agents and directors harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use, access to or interaction with a Third Party Service.
    5. Under no circumstances shall the Company or its employees, officers, partners, directors or agents be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, extraordinary or other damages whatsoever, that result from the usage of any Third Party Service or your relationship with any Customer. These limitations shall apply even if the Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  • Accuracy of Information
    1. We make no warranties or guarantees for the information made available by the Services, nor are we responsible if that information is not accurate, complete, up to date or otherwise does not meet your specific requirements. Any reliance on the information which is available through the Services is at your own risk.
    2. It may happen that the information made available through the Services to you or your Customers will contains typographical errors, inaccuracies or omissions including but not limited to the product names, pricing, availability or any other content. We take no obligation to correct, amend, update or clarify such information, except if it is required by law.
  • Intellectual Property
    1. You grant the Company a worldwide, limited, sublicensable, royalty-free, non-exclusive license to access, use, reproduce, electronically distribute, perform, transmit, format, store, display, archive, and index the Content for the purpose of providing you the Services or supporting the usage of the Services. The Company may also use Content for the purpose of supporting and developing the Services. You or your third party licensors retain all interest, title and right to the Content and all intellectual property rights therein. Nothing in this agreement will give the Company any right of ownership or interest in the Content.
    2. You are solely responsible for the Content that you make available via the Services, which includes ensuring that you have the necessary rights and permissions to use and/or publicly display any Content you select to use in the Services. The Company shall not be liable for any issues which might arise from unlawful usage of any Content which was used in the Service. It is your responsibility to make sure that the Content is compliant with these Terms of Service, the Privacy Policy, and any applicable laws or regulations. The Company will not review, reference, distribute or share any Content except as provided herein, as provided in our Privacy Policy, or as may be required by law. Notwithstanding the foregoing, the Company retains the authority to remove any Content that it deems in violation of these Terms of Service, and the Privacy Policy at our sole discretion.
  • Prohibited Uses
    1. You may not use the Service for any purpose other than that for which we make the Service available.
    2. In addition to other prohibitions, as set in the Terms of Service, you agree NOT to:
      • use the Service for any unlawful purpose or unlawful acts,
      • use the Services in a manner inconsistent with any applicable laws or regulations,
      • circumvent, disable, or otherwise interfere with security-related features of the Services, including features that enforce limitations on the use of the Services,
      • engage in any automated use of the system,
      • interfere with, disrupt, or create an undue burden on the Services or the networks,
      • use any information obtained from the Services in order to harass, abuse, or harm another person,
      • use the Service as part of any effort to compete with us,
      • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services,
      • attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services,
      • copy or adapt the Service's software, including but not limited to HTML, JavaScript, PHP or other code,
      • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting nad/or sending of repetitive text), that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services,
      • use the Service to send spam,
      • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services,
      • use the Service for for any obscene purpose,
      • use the Service forfor any immoral purpose,
      • or use the Service to violate or infringe upon intellectual property rights.
      We reserve the right to terminate or limit your access to the Services and/or terminating your Account for violating any of the prohibited uses.
  • Fees, Payments, other Charges and Taxes
    1. You must pay the Fees and any other applicable charges.
    2. Failure in payment of the Fees and any other charges may result in termination of your access to the Services or termination of your Account.
    3. Fees have to be paid in advance and are billed in 30 day intervals. You will be charged for the Fees by Shopify Inc.
    4. Users have fourteen days after the Fees have been paid to bring up and settle any issues regarding the Fees.
    5. All Fees are exclusive of any Taxes.
  • Disclaimer and Limitation of Liability
    1. The Service is provided on an as-is and as-available basis. You expressly agree that your use of, or inability to use, the Services is at your sole risk, and we disclaim responsibility for any harm resulting from your use of and/or access to the Services. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service's content or the content of any websites linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use any part or parts of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through any part or parts of the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any form of advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. We do not warrant or guarantee that the Services will be secure, uninterrupted, timely, or error-free. We do not warrant or guarantee that the results that may be obtained from the use of the Services will be accurate and/or reliable, or that any errors in the Services will be corrected.
    2. In no event will the Company or our directors, officers, employees, partners, or agents be liable to you or any third party for any loss, claim, injury or any direct, indirect, punitive, exemplary, incidental, special, or consequential damages of any kind, including without limitation lost profit, lost opportunity, lost revenue, loss of data, lost savings, intellectual property right infringement, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of or inability to use any part or parts of the Services, Third Party Services, or for any other claim related in any way to your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us in the twelve (12) months' period preceding such losses or damages. You acknowledge and agree that the payments paid by you for the Services reflect the allocation of risk set forth in this agreement and that the Company would not enter into this agreement without these limitations on liability.
  • Indemnification
    1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms of Service, the Privacy Policy or any other documents they incorporate by reference; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other person or entity. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  • Dispute Resolution
    1. To expedite resolution and control the cost of any Dispute related to these (a) these Terms of Service, including the Privacy Policy, or the existence, breach, termination, enforcement, interpretation or validity thereof, (b) your access to or use of the Services at any time, brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally by the Parties negotiating in good faith for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
    2. These Terms of Service shall be governed by and interpreted in accordance with the the Company's home country laws. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the official court in the Company's home country.
    3. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
  • Termination
    1. These Terms of Service shall remain in full force and effect while you use the Services. You can terminate these Terms of Service at any time by stopping your usage of the Services.
    2. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Service or delete any content or information that you posted at any time, without warning, in our sole discretion.
    3. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Upon termination, you will not be entitled to any refunds of any Fees. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  • California Users and Residents
    1. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
  • Miscellaneous
    1. These Terms of Service and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Services. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

    • Questions about the Terms of Service should be sent to us at support@sealsubscriptions.com.