TERMS OF SERVICE

OVERVIEW

This website and all associated applications, including mobile apps, web applications, and software plugins (collectively, the "Apps"), are operated by Proaxient Technologies LLC, a California Limited Liability Company. Proaxient Technologies LLC provides these Apps and related software services under the developer name Proaxient Labs. Throughout these Apps and sites, the terms “we”, “us” and “our” refer to the legal entity Proaxient Technologies LLC, operating as Proaxient Labs, and collectively referred to herein as "Proaxient".

Proaxient offers these Apps and websites, including all information, tools, and services available from them to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site, downloading our Apps, or purchasing/integrating our software (including plugins for platforms like Shopify), you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users, including browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully. By accessing or using any part of our Apps or website, you agree to be bound by these Terms. If you do not agree to all terms, then you may not access the website, download the Apps, or use any Services.

SECTION 1 - GENERAL APP & STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our Apps or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - DISTRIBUTION & MARKETPLACES

Our Apps may be distributed via various channels. These include direct downloads via our official website; mobile app stores such as the Apple App Store or Google Play Store where we may be listed under the developer name Proaxient Labs; and third-party plugin marketplaces like the Shopify App Store where we may also be listed under the developer name Proaxient Labs.

You acknowledge that your use of the Apps is also subject to the terms and conditions of the specific marketplace or platform through which you acquired the App. In the event of a conflict between these Terms and the marketplace's terms, these Terms shall govern the specific relationship between you and Proaxient regarding the software logic and license.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted over various networks and involve changes to conform to technical requirements of connecting devices. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Apps, use of the Apps, or access to the Service without express written permission by us.

SECTION 4 - ACCURACY AND UPDATES

We are not responsible if information made available via the Apps is not accurate, complete, or current. The material is provided for general information only. Any reliance on the material is at your own risk. We reserve the right to modify the content of our Apps or websites at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes.

SECTION 5 - MODIFICATIONS TO SERVICES AND PRICES

Prices for our Apps, subscriptions, or in-app purchases are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES

Certain Apps or features may be available exclusively online through the website or specific marketplaces. These may have limited licenses and are subject to return or exchange only according to our Return Policy and the policy of the respective marketplace. We reserve the right to limit the sales of our Apps or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We do not warrant that the quality of any Apps, services, or information obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. For Apps integrated into third-party platforms, billing may be handled directly by the platform provider. You agree to provide current, complete, and accurate purchase and account information for all purchases.

SECTION 8 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide you with access to third-party tools (such as APIs or analytics) over which we neither monitor nor have any control. Third-party links within our Apps may direct you to websites not affiliated with us. We are not responsible for examining the content or accuracy and we do not warrant and will not have any liability for third-party materials.

SECTION 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you send us creative ideas, suggestions, or proposals, you agree that we may, at any time, without restriction, edit, copy, and distribute them. We are under no obligation to maintain comments in confidence or pay compensation for them.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Apps is governed by our Privacy Policy.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the Apps for any unlawful purpose; to infringe upon our intellectual property rights; to upload viruses or malicious code; to scrape or crawl data; or to reverse engineer, decompile, or attempt to extract the source code of the Apps.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of the Apps is at your sole risk. The Service and all Apps delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind. In no case shall Proaxient, its directors, officers, or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind, including lost profits, lost data, or replacement costs, arising from your use of any of the Service or any Apps, even if advised of their possibility.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Proaxient and our affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 15 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by deleting our Apps and notifying us that you no longer wish to use our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].