License Terms - Augmentes

License Terms

License Terms 2018-05-19T12:11:44+00:00

Introduction

Last updated on: March 23, 2016
By signing up for the AUGMENTes’ service (“Service”) or any of the services of AUGMENTes Inc. (“AUGMENTes”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by AUGMENTes under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.TheAUGMENTe.com/legal/terms. AUGMENTes reserves the right to update and change the Terms of Service by posting updates and changes to the AUGMENTes’ website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and AUGMENTes’ Privacy Policy before you may become a user of AUGMENTes’ products/services.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using AUGMENTes’ products or any AUGMENTes’ services, you are agreeing to these terms. Be sure to occasionally check back for updates.

Account Terms

WHICH MEANS Don’t use AUGMENTes for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email

Account Activation

WHICH MEANS The person signing up for AUGMENTes’ Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts. Any domain you purchase through us will automatically renew unless you opt out.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become one of AUGMENTes’ customers.

WHICH MEANS AUGMENTes’ services and products belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If a dispute arises the issue will be dealt with in the Province of Ontario. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

AUGMENTes’ Rights

WHICH MEANS We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over an AUGMENTes account, we can freeze the account or transfer it to the rightful owner.

Limitation of Liability

WHICH MEANS We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.

Waiver and Complete Agreement

The failure of AUGMENTes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AUGMENTes and govern your use of the Service, superseding any prior agreements between you and AUGMENTes (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS If AUGMENTes chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and AUGMENTes don’t apply if they conflict with these terms.

Intellectual Property and Customer Content

WHICH MEANS Anything you upload remains yours and your responsibility.

POS Services

In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include AUGMENTes’ POS software (“POS Software”), AUGMENTes’ POS website, located at https://www.TheAUGMENTe.com/pos, programs, documentation, apps, tools, internet-based services and components, AUGMENTes’ POS hardware (“POS Equipment”) and any updates thereto provided to you by AUGMENTes.

WHICH MEANS If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except physical gift cards.

AUGMENTes Shipping

If you are located in the United States, you can purchase shipping labels from within your AUGMENTes administrative console (“AUGMENTes Shipping”) for delivery of goods purchased from your AUGMENTes Store. In addition to these Terms of Service, your access to and use of AUGMENTes Shipping is subject to the AUGMENTes Shipping Terms of Service, located at https://www.TheAUGMENTe.com/legal/terms-shipping-us

Theme Store

WHICH MEANS You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

AUGMENTes Experts

WHICH MEANS Experts are not employees of AUGMENTes and we are not responsible for them.

Payment of Fees

WHICH MEANS For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.

Cancellation and Termination

WHICH MEANS To initiate a cancellation, email support@augmentes.com. AUGMENTes will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through AUGMENTes will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

Modifications to the Service and Prices

WHICH MEANS We may change or discontinue the service at anytime, without liability.

Third Party Services

  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, AUGMENTes’ partners or other third parties.
  2. AUGMENTes may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the AUGMENTes App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or AUGMENTes’ website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that AUGMENTes has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on AUGMENTes’ websites, including the AUGMENTes App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with AUGMENTes. AUGMENTes strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
  4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. AUGMENTes is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
  5. Under no circumstances shall AUGMENTes be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if AUGMENTes has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

WHICH MEANS We are not responsible for third party services so use them at your own risk. If you use any third party services on the AUGMENTes platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

DMCA Notice and Takedown Procedure

AUGMENTes supports the protection of intellectual property and asks AUGMENTes’ merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to AUGMENTes designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure

WHICH MEANS AUGMENTes respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send AUGMENTes a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

AUGMENTe Tech Studio LLC,
410 Pierce Street, Suite #314,
Houston, TX 77002.

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