Terms of service

01The Agreement

These terms are the agreement between you and ShopiyCart ("ShopiyCart", "we", "us") for the use of our platform: the storefront, the admin, the mobile apps, and everything we provide alongside them.

Opening an account, or using the service at all, means you accept them. If you are accepting on behalf of a company, you are telling us you are allowed to bind it.

This page is about merchants. If you bought something from a store that runs on ShopiyCart, your purchase is with that business under their terms, not with us.

02Who May Open an Account

You must be able to enter a contract, and you must be selling as a business rather than as a minor or on someone else's behalf without their authority. You are responsible for everything done under your account, so keep your credentials to yourself and give staff only the role their job needs.

Tell us promptly if you think someone else has got into your account.

03Your Store Is Yours to Answer For

We provide the machinery. What you sell, what you say about it, what you charge, how you handle returns, and whether any of it is lawful where you sell it — all of that is yours.

That includes the promises you make to your own customers. You need your own terms of sale and your own privacy notice, and you must keep them accurate. It also includes your taxes: prices, invoices and any tax you owe are your responsibility, not ours.

04Plans and Billing

Plans and prices are on the pricing page, and each plan carries its own limits — how many products you can list, how many staff you can invite, and which customisations are available. The pricing page is the current statement of those limits.

A new store opens once its owner has verified their email address and paid for a plan. Until then it is not available to customers and its dashboard is limited to completing those steps.

Fees are charged in advance for the period you chose and are stated in Kuwaiti dinar unless we say otherwise. Prices exclude any tax that applies, which is added where it does.

05Monthly Order Allowance

Each plan includes a number of online orders per calendar month, counted in your store's time zone. Online orders above that allowance are not refused: each one is billed at your plan's per-order fee. Only the orders above the allowance are charged; the orders included in it cost nothing extra.

Every online order counts towards the allowance, including orders that are later cancelled and orders that are never paid. Point of sale orders are unlimited on every plan and are not counted.

Orders above the allowance are billed on a separate invoice issued at the start of the following month. The allowance and the per-order fee of each plan are shown in your dashboard, and the invoice keeps the fee and allowance that applied when it was issued.

06Renewal, Cancellation and Refunds

A subscription renews automatically for the same period until you cancel it. You can cancel at any time from the admin, and it takes effect at the end of the period you have already paid for.

Fees already paid are not refundable except where the law says otherwise or where we have plainly failed to provide the service. Cancelling part-way through a period does not produce a partial refund.

If we change our prices we will tell you before the change applies to you, and you can cancel instead of accepting it.

07What You May Not Do With the Platform

• Break the law with it, or help someone else do so.
• Try to reach another merchant's data, or any part of the system you have not been given.
• Probe, scan, overload or interfere with the service, or work around a limit on your plan by technical means.
• Upload anything designed to damage a system, or anything you have no right to publish.
• Resell or rent the platform as if it were yours, or copy it.
• Use it to send unsolicited bulk messages.

08What May Not Be Sold Through It

You may not use ShopiyCart to sell anything you cannot lawfully sell where you operate, and you may not use it for goods or services that are prohibited in Kuwait — among them alcohol, narcotics, pork products, weapons, gambling, counterfeit goods, stolen property, or material that infringes another person's rights.

Payment providers apply their own restrictions on top of ours, and they can refuse a merchant regardless of what we decide.

09Payments and Delivery Run Through Other Companies

Taking money and moving parcels are done by providers we integrate with — MyFatoorah and Hesabe for payment, Omniful for fulfilment — and each has its own contract, its own rules and its own fees. Connecting one means accepting its terms as well as these.

We are not the payment processor and we do not hold your funds. Settlement, chargebacks and disputes are matters between you, your provider and your customer. If a provider changes or withdraws its service, our obligation is to tell you, not to guarantee its behaviour.

10Your Content, and Our Platform

Everything you put into your store — products, photographs, text, your marks — stays yours. You give us only the permission we need to host it, back it up, and show it to your customers on the surfaces you have turned on. That permission ends when the content or the account does.

The platform itself stays ours: the software, the designs, the themes and the name. Using the service does not transfer any of it to you, and you may not copy it or take it apart.

You are telling us you have the right to everything you upload. If you do not, that is the problem this clause exists to place with you.

11Availability, Support and Changes

We work to keep the service running and we will give notice of planned maintenance where we reasonably can. We do not promise uninterrupted service, and some outages will belong to providers we depend on rather than to us.

We may add, change or remove features. Where a change materially reduces what your plan gives you, we will tell you before it takes effect.

12Suspension and Ending the Agreement

You may close your account at any time. We may suspend or close an account that breaches these terms, that has not paid, or that is being used in a way that puts other merchants, shoppers or the platform at risk. Where the circumstances allow it we will warn you first and give you a chance to put it right.

After an account closes you have a reasonable period to export your data before it is deleted. Export it before you close the account if you can.

13What We Do Not Promise

The service is provided as it is. Beyond what this agreement says and what the law requires of us, we make no other warranty — in particular we do not promise that the service will suit a purpose you have in mind, that it will be uninterrupted or free of error, or that using it will make your business succeed.

14Limitation of Liability

Neither of us is liable to the other for lost profits, lost revenue, lost data or indirect or consequential loss, however it arises.

Our total liability to you for any claim connected with the service is limited to the fees you paid us in the twelve months before the claim arose.

Nothing here limits liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by negligence.

15Indemnity

If someone brings a claim against us because of what you sold, what you published, how you handled your customers' information, or because you broke these terms, you will cover our reasonable costs and any damages arising from it.

16Governing Law

This agreement is governed by the laws of the State of Kuwait, and the courts of Kuwait have jurisdiction over any dispute arising from it.

17Changes to These Terms

We may update these terms. The date at the top always shows the current version, and we will give merchants notice of a material change before it applies. Continuing to use the service after a change takes effect means you accept it; if you do not, you can cancel.

18How to Reach Us

ShopiyCart, Kuwait.

Questions about these terms: info@shopiycart.com.