Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using the IndeCommerce platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. IndeCommerce Inc ("IndeCommerce", "we", "us", "our") reserves the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms.

2. Service Description

IndeCommerce provides a multi-tenant B2B wholesale e-commerce platform that allows businesses ("Merchants") to create and manage online wholesale storefronts. The Service includes product management, order processing, customer management, marketing automation, and related features as described on our website.

3. Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use. You must be at least 18 years old to use the Service.

4. Subscription & Payment

Paid plans are billed monthly or annually as selected. All fees are non-refundable except as required by law. We may change pricing with 30 days notice. You are responsible for all taxes associated with your use of the Service. Failure to pay may result in suspension or termination of your account.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Sell prohibited, illegal, or restricted products
  • Infringe on intellectual property rights
  • Distribute malware, spam, or engage in fraudulent activity
  • Interfere with or disrupt the Service or its infrastructure
  • Misuse customer data or violate privacy rights

6. Intellectual Property

IndeCommerce retains all rights to the platform, its code, design, and infrastructure. Merchants retain ownership of their storefront content, product data, and customer data. By using the Service, you grant IndeCommerce a limited license to use your content solely to provide the Service to you.

7. Data & Privacy

Our collection and use of personal data is governed by our Privacy Policy. Merchants are responsible for their own privacy policies and compliance with applicable data protection laws for their customers' data. We implement industry-standard security measures but cannot guarantee absolute security.

8. Third-Party Integrations

The Service integrates with third-party services (payment processors, shipping carriers, CRM systems, etc.). We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of third-party services is subject to their respective terms.

9. Limitation of Liability

To the maximum extent permitted by law, IndeCommerce shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. We may schedule maintenance with advance notice when possible. We reserve the right to suspend service for violations of these Terms or to protect the security of the platform.

11. Termination

Either party may terminate the agreement at any time. Upon termination, your right to access the Service ceases immediately. We will retain your data for 30 days after termination, during which you may export it. After 30 days, we may delete all your data.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, United States. Any disputes shall be resolved in the courts of Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. Contact

For questions about these Terms, contact us at legal@indecommerce.com or at our mailing address: IndeCommerce Inc, 123 Commerce Street, Suite 400, San Francisco, CA 94105.

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