Acceptance and scope

These Terms apply to the eStoreware USA website and to products and services purchased directly from eStoreware USA, unless a signed proposal, order form, statement of work, license agreement, hosting agreement, or other written agreement states different terms. If a written agreement conflicts with these Terms, the written agreement controls for the applicable transaction.

You represent that you have authority to bind the business or organization on whose behalf you use the website or purchase services. The website and services are not directed to children under 13.

Services and project scope

eStoreware USA may provide website planning, implementation, configuration, design assistance, hosting coordination, training, support, plugins, integrations, product-data assistance, vendor support, and related professional services. The exact deliverables, schedule, included support, fees, and responsibilities are stated in the applicable website page, proposal, order form, or statement of work.

Estimates and target dates are good-faith projections unless expressly identified as guaranteed in a signed writing. Delays caused by missing content, credentials, approvals, third-party vendors, data quality, payment processors, hosting providers, or customer changes may affect the schedule and cost.

Accounts, credentials, and authorized users

You must provide accurate information and keep account, administrative, API, vendor, hosting, domain, and payment credentials confidential. You are responsible for activity performed through your authorized accounts and must notify eStoreware USA promptly of suspected unauthorized access.

Do not send passwords, API secrets, private keys, or payment credentials through unsecured email unless eStoreware USA specifically instructs you to use an approved secure method.

Pricing, payment, subscriptions, and cancellation

• Prices are shown in U.S. dollars unless stated otherwise.
• Applicable taxes, third-party charges, domain fees, vendor fees, and payment-processing fees may be additional unless expressly included.
• Invoices and charges are due according to the checkout page, proposal, order form, or invoice.
• Recurring monthly or annual services renew until canceled according to the disclosed plan terms.
• You authorize eStoreware USA and its payment processor to charge the payment method on file for approved recurring fees.
• Trial duration, conversion, and cancellation terms will be disclosed before enrollment. A trial will not convert on undisclosed terms.

To cancel a recurring service, use available account controls or contact info@estorewareusa.com. Cancellation stops future renewal charges after the effective cancellation date. Fees already earned, implementation work already performed, license fees, setup charges, and third-party costs are nonrefundable except as stated in writing or required by law.

Late or failed payments may result in suspension of hosting, support, license activation, update access, or other services after reasonable notice where practical.

nopCommerce, open-source software, and eStoreware plugins

nopCommerce is third-party open-source ecommerce software. eStoreware USA does not claim ownership of nopCommerce. Rights and obligations relating to nopCommerce and covered derivative works are governed by the applicable nopCommerce Public License or a separate commercial license obtained from the nopCommerce team.

These Terms do not replace, limit, or expand rights granted under an applicable open-source license. Required attribution, source-code obligations, copyright notices, and copyright-removal keys are governed by the applicable software license and must be handled separately for each website or deployment.

eStoreware-created plugins, integration code, documentation, designs, and other original materials remain owned by eStoreware USA or its licensors unless a separate written license or assignment states otherwise. A plugin purchase provides only the license rights stated on the product page, order form, marketplace listing, or included license.

• Do not remove copyright, license, attribution, or ownership notices.
• Do not redistribute, resell, sublicense, publish, or provide eStoreware proprietary code to third parties unless the applicable license permits it.
• License activation may be limited by store URL, domain, environment, version, number of stores, or other disclosed license scope.
• Compatibility with future nopCommerce or third-party versions is not guaranteed unless update coverage is included.

Third-party platforms, vendors, and data

Services may interact with nopCommerce, Stripe, hosting providers, domain registrars, email providers, vendor APIs, product feeds, FTP/SFTP services, shipping services, or other third parties. Those services are governed by their own terms, pricing, privacy policies, availability, and technical requirements.

Vendor catalog, pricing, inventory, availability, product images, tracking, invoice, and fulfillment data may change or contain errors. You are responsible for reviewing business rules, prices, product information, tax treatment, fulfillment settings, and live-order behavior before relying on an integration in production.

Customer responsibilities and acceptable use

You are responsible for:

• Your products, prices, content, images, policies, taxes, shipping rules, warranties, and customer communications.
• Obtaining rights to content, data, software, credentials, and vendor materials you provide.
• Maintaining legally required privacy notices, terms, cookie controls, accessibility practices, and consumer disclosures for your own storefront.
• Testing the website, checkout, integrations, emails, scheduled tasks, and production workflows before launch.
• Maintaining appropriate backups, access controls, user permissions, and security practices.

You may not use the website or services for unlawful, fraudulent, abusive, infringing, harmful, or unauthorized activity; attempt to bypass license controls; interfere with systems; introduce malicious code; scrape protected content; or access another party's data without authorization.

Support, updates, and service availability

Support scope, response targets, update access, hosting coverage, maintenance windows, and service hours depend on the purchased plan or agreement. Support does not include unlimited development, third-party vendor work, data cleanup, emergency after-hours work, or changes outside scope unless expressly included.

eStoreware USA may update, replace, suspend, or discontinue a product or service. Where practical, notice will be provided for material changes affecting active paid services. Internet, hosting, third-party, vendor, payment, and maintenance events may cause downtime or degraded performance.

Disclaimers and warranties

EXCEPT FOR EXPRESS WARRANTIES IN A SIGNED WRITING, THE WEBSITE, SOFTWARE, PLUGINS, INTEGRATIONS, DATA, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTOREWARE USA DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

eStoreware USA does not guarantee specific sales, search rankings, conversion rates, vendor availability, payment approval, data accuracy, regulatory compliance, or business results. You remain responsible for reviewing the legal, tax, accounting, accessibility, and operational requirements of your business.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTOREWARE USA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, SALES, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTOREWARE USA'S TOTAL LIABILITY ARISING FROM A PRODUCT, SERVICE, OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID TO ESTOREWARE USA FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT. THESE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY LAW.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless eStoreware USA and its owners, personnel, contractors, and service providers from claims, losses, liabilities, damages, costs, and reasonable attorneys' fees arising from your content, products, storefront operations, unlawful use, breach of these Terms, violation of third-party rights, or failure to comply with laws applicable to your business.

Suspension and termination

eStoreware USA may suspend or terminate access for material breach, nonpayment, security risk, unlawful use, license violation, abuse, or conduct that may harm eStoreware USA, customers, service providers, or third parties. Provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, indemnification, and disputes survive termination.

Changes to these Terms

eStoreware USA may update these Terms to reflect service, legal, operational, or security changes. The updated version will be posted with a revised effective date. Material changes affecting an active paid service may also be communicated by email or account notice where appropriate. Continued use after the effective date constitutes acceptance of the updated Terms, except where separate consent is required by law.

Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Before filing a claim, the parties agree to make a good-faith effort to resolve the dispute informally by written notice describing the issue and requested resolution.

Unless a signed agreement states otherwise, claims that cannot be resolved informally will be brought in the state or federal courts located in the California county where eStoreware USA maintains its principal place of business, and each party consents to personal jurisdiction and venue there. Nothing in this section prevents either party from seeking temporary or injunctive relief for unauthorized access, misuse of confidential information, or infringement of intellectual-property rights.

General terms

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without written consent; eStoreware USA may assign them in connection with a merger, reorganization, sale of assets, or transfer of the applicable business. Electronic communications and signatures may be used where permitted by law.