Terms of Service for The Shopbit Last Updated: 15 November 2022

Greetings from The Shopbit! You accept these terms and conditions (the "Terms of Service") by creating a Shopbit Account (as defined in Section 1) or by using any Shopbit Services (as defined below).

The terms "we," "us," "our," and "Shopbit" as used in these terms of service refer to the appropriate Shopbit Contracting Party (as defined in Section 13 below), and "you" refers to the Shopbit User (if registering for or using a Shopbit Service as an individual) or the company employing the Shopbit User (if registering for or using a Shopbit Service as a business) and any of its affiliates.

Shopbit is a full e-commerce platform that helps businesses to streamline their online transactions. This platform offers a variety of tools for retailers to create and customize online stores, sell across multiple channels (including web, mobile, social media and online marketplaces), manage products, inventory, payments, fulfillment, and shipping, business operations, marketing, and advertising, and interact with current and potential customers. In these Terms of Service, the term "Service(s)" refers to any such service or services provided by Shopbit. The Terms of Service will also apply to any new features or tools that are included with the present Services. The most recent version of the Terms of Service is available for inspection at https://www.shopbit.com/terms.

Before creating a Shopbit Account or using any Shopbit Service, you must read, concur with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Shopbit's Privacy Policy, Terms of Use ("API Terms"), and the Shopbit Data Processing Addendum ("DPA"). Additionally, you must read, acknowledge, and agree to the Rules of Engagement for Sale of COVID-19 Related Products if you offer products or services related to COVID-19.

1. Account Terms

You must create a Shopbit account (an "Account") in order to access and utilize the Services. You must give us your full legal name, business address, phone number, a working email address, and any other information specified as necessary in order to complete the registration process for your Account. Shopbit reserves the right to refuse your application for an account or to terminate an existing account for any reason.

You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

You attest that you are using any services offered by Shopbit solely for business purposes and not for domestic, household, or family needs.

You agree that Shopbit will contact you primarily using the email address you give when creating an account or as modified by you from time to time ("Primary Email Address").

You are responsible for keeping track of the Primary Email Address you provide Shopbit, and it must be able to send and receive emails. Only emails sent from your Primary Email Address can be validated as coming from you when communicating with Shopbit via email.

Your password must be kept secret at all times. If you fail to keep your Account and password secure, Shopbit is not responsible for any loss or harm that resulted.

Only Shopbit Users will receive technical assistance for the Services. Sending questions to Shopbit Support regarding the Terms of Service is recommended.

Without the express written consent of Shopbit, you undertake not to replicate, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service.

You hereby agree not to use any tool to enable features or functionalities that are otherwise disabled in the Services, work around, bypass, or circumvent any technical limitations of the Services, including processing orders outside Shopbit's Checkout, or reverse engineer, decompile, or otherwise modify the Services.

You consent to not using any robot, crawler, scraper, or other automated method to access the Services or monitor any content or information from the Services.

You are aware that your Materials may be transmitted without encryption and that doing so may result in (a) transmissions over a variety of networks; and (b) adjustments to conform and adapt to the technological requirements of connecting networks or devices. The term "Materials" refers to Your Trademarks, Copyright Content, any products or services (including their descriptions and prices) that you sell through the Services, as well as any photos, images, videos, graphics, written content, audio files, code, information, and other data that you or your affiliates provide to Shopbit or its affiliates.

2. Account Activation
2.1 Store Owner

Subject to Section 2.1.2, the person opening an Account and registering for the Service will be the party to the contract (the "Store Owner") for the purposes of our Terms of Service and will be the one with permission to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are in charge of making sure that the Store Owner's name is prominently shown on the Store's website, including, if relevant, the legal name of the business that owns the Store.

Your employer, if you register for the Services on their behalf, will be the Store Owner. If you are registering for the Services on behalf of your employer, you must use an email address that is provided by your company, and you guarantee that you are authorized to bind your employer to these terms.

Only one Store Owner may be connected to your Shopbit store. Multiple Shopbit Stores may be owned by one store owner. By using Shopbit Checkout for your store, you consent. "Store" refers to the online store (hosted by Shopbit or on a third-party website) or physical retail location(s) connected to the Account. It also includes any storefront established using the Storefront API.

2.2 Staff Accounts

You can create one or more staff accounts ("Staff Accounts") allowing other persons to access the Account depending on your Shopbit price plan. Each Staff Account must have a legitimate email address and a full legal name. With Staff Accounts, the Store Owner can control access to certain business information while also granting others access to their Account and setting permissions for others to work there (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).

The Store Owner is accountable for (a) enforcing compliance with these Terms of Service by its employees, agents, and subcontractors, including through Staff Accounts; and (b) any violations of these Terms of Service by the Store Owner's employees, agents, or subcontractors. The Store Owner acknowledges and accepts that regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner, Store Owner shall be responsible for the performance of all of its obligations under the Agreement.

Each "Shopbit User" includes the Store Owner and users with Staff Accounts.

2.3 Aleta Planet

Aleta Planet will automatically show up as an accelerated checkout option on your checkout page once you've finished signing up for the Service. It is your obligation to manage your expedited checkouts in your Shopbit administrator panel if you do not want Aleta Planet to appear on your Store.

You agree to be governed by the Aleta Planet Merchant Terms of Service, as they may be updated from time to time by Shopbit, by utilizing Aleta Planet on your Shopbit Store. The Aleta Planet Merchant Terms of Service may be amended by Shopbit, and any modifications take effect as of the date of posting. Your continuing usage of Aleta Planet on your Store following the posting of the updated Aleta Planet Merchant Terms of Service signifies that you agree with and accept those changes. It is your duty to manage your accelerated checkouts in your Shopbit administrative panel to remove Aleta Planet if you do not agree to any modifications to the Aleta Planet Merchant Terms of Service.

2.4 Domain Names

As long as your Shopbit Account is valid, the domain registration you buy through Shopbit will be configured to renew itself automatically every year. You understand that, should you want to do so, it is your exclusive duty to turn off the auto-renewal feature.

For you to take payments, we automatically generate a few accounts. You are in charge of managing these accounts' activation and deactivation as well as adhering to any conditions they may have with different third parties, including but not limited to Aleta Planet. Unless you choose to opt out, we will automatically renew any domain you buy from us.

3. Shopbit Rights

There are several features and functionalities available with the Services. We are not required to make any Services or Features available in any jurisdiction, and not all Services or Features will be offered to all Merchants at all times. We reserve the right to modify the Services or any portion of them at any time, for any reason, without prior notice, and unless where prohibited by these Terms of Service or by applicable legislation.

The ability to refuse or remove any Materials from any part of the Services rests solely with Shopbit. This includes the case where we decide, in our sole discretion, that the products or services you offer through the Services, or the Materials uploaded or posted to the Services, violate our Terms of Service. Shopbit does not pre-screen Materials.

Any verbal or written abuse (including threats of abuse or retaliation) directed at any Shopbit official, member, or employee will result in the deletion of your account right away.

We don't guarantee exclusivity and reserve the right to provide our Services to your rivals. You also understand and accept that Shopbit employees and contractors may also be Shopbit clients or merchants and may engage in business rivalry with you, even though they are not permitted to do so while using your Confidential Information (as defined in Section 6) from Shopbit.

We reserve the right to ask for documents to establish or confirm Account ownership in the case of a dispute regarding ownership. A scanned copy of your company license, a photo ID from the government, the last four digits of the credit card on file, or proof that you are an employee of an organization are all acceptable forms of identification.

Shopbit maintains the right to identify legitimate Account ownership in our sole discretion and transfer an Account to the legitimate Store Owner. Without limiting our other rights and remedies, Shopbit has the right to temporarily suspend or disable an Account until a settlement has been reached between the disputed parties if we are unable to reasonably identify the legitimate Store Owner.

4. Your Responsibilities

You understand and consent to making public contact details, a refund policy, and order fulfillment schedules available on your Shopbit Store.

The Services are not a marketplace, and any sales agreements established through the Services are solely between you and the consumer. This is something you accept and agree with. For any products you sell through the Services, you are the legal vendor. You are in charge of setting up and maintaining your Shopbit Store, your Materials, the products and services you might offer using the Services, as well as any facets of the business dealings between you and your customers (s). This includes, but is not limited to, authorizing the charge to the customer with regard to the customer's purchase, refunds, returns, fulfilling any sales or customer service, preventing fraudulent transactions, complying with legal disclosure requirements, regulatory compliance, alleged or actual violations of applicable laws (including, but not limited to, consumer protection laws in any jurisdiction where you offer products or services for sale), or your violation of these Terms of Service. Your Store, your Materials, and the products and services you sell through the Services will all be genuine, accurate, and in compliance with all applicable laws, rules, and third-party rights, you represent and warrant. To be clear, Shopbit will not be the retailer, seller, or record and will not be held accountable for your store or any products that are purchased by clients using the Services.

The products or services that you may sell through the Services are exclusively your responsibility, including adherence to all applicable laws and regulations. This includes description, pricing, fees, tax that you compute, flaws, required legal disclosures, and offers or promotional content.

You are prohibited from using the Shopbit Services for any unlawful or unauthorized purposes, and you are also prohibited from breaking any laws—including copyright laws—in Singapore, the laws that apply to you in your customer's area, or any other laws—by using the Service. In using the Service and carrying out your obligations under the Terms of Service, you will abide by all applicable laws, rules, and regulations, including but not limited to obtaining and adhering to the conditions of any license or permit that may be required for you to run your store or that you may hold.

Your usage of the Shopbit API and access to it are governed by the API Terms (as defined therein). Your use of your API Credentials (as described in the API Terms) and maintenance of its security are your own responsibility.

You consent to using Shopbit Checkout for any transactions involving your online shop. "Shopbit Checkout" refers to the checkout process offered by Shopbit, including checkouts made possible via the Shopbit Checkout API, which enables customers to enter their shipping and payment information after adding item(s) to their cart but before placing an order.

5. Payment of Fees and Taxes

You are responsible for paying all fees associated with using the Online Service, including the "Subscription Fees," "Transaction Fees," and any other fees that may apply to the value of purchases made through your Store using payment methods other than Shopbit Payments. You may also be responsible for paying any fees associated with the purchase or use of any goods or services, including shipping, apps, Themes, domain names, ServicePlace, or Third Party Services ("Additional Fees") are the Subscription Fees, Transaction Fees, and Additional Fees taken as a whole.

You are responsible for paying all incurred and recurring Fees by maintaining a working payment method on file with us. Any legitimate payment method that you approve (hereinafter referred to as a "Authorized Payment Method") will be charged by Shopbit with the relevant Fees up to the point at which the Services are terminated and all outstanding Fees have been fully paid. All Fees and other costs are in US dollars, unless otherwise stated, and US dollars will be used for all payments.

The Subscription Fees are paid in advance and are billed every 30 days (each of these dates is referred to as a "Billing Date"). At Shopbit's discretion, Transaction Fees and Additional Fees may be assessed from time to time. Each Billing Date, you will be billed for all unpaid fees that have not yet been invoiced. A bill detailing the fees will be delivered to the store owner at the given primary email address. The Account page of your Store's administrative panel will also display an invoice. Users have about two weeks to raise and resolve any problems with how subscription fees are billed.

In the event that we are unable to accept payment of Fees using an Authorized Payment Method, we may try another Authorized Payment Method in the future. Within 28 days of our initial attempt, if we are unable to successfully complete payment of Fees using an Authorized Payment Method, we have the right to suspend and terminate your access to your Account and the Services. Upon your payment of any outstanding Fees and the Fees associated with your subsequent billing period, your Account will be reinstated. During any period of suspension, you might not be able to access your Account or your storefront. Shopbit retains the right to close your Account in line with Section 14 if the outstanding Fees are not paid within 60 days of the suspension date.

All Fees are exclusive of all applicable federal, provincial, state, local, or other governmental sales, goods, and services taxes, harmonised taxes, fees, or other charges that are currently in effect or that may be enacted in the future (collectively, "Taxes"). This includes goods and sales tax under Singapore's Goods and Services Tax Act, Chapter 117A.

You are in charge of paying all relevant Taxes that result from your use of Shopbit's services or from your purchase of their goods. When Shopbit imposes these Taxes, they are computed utilizing the applicable tax rates based on the billing address you give us. Such sums will be charged to your authorized payment method in addition to the fees for such goods and services. If you are exempt from paying such Taxes, you must give us proof of your exemption, which may include an actual certificate that satisfies the relevant legal criteria attesting to your tax-exempt status in some countries. Tax exemption will only be effective as of and following the date we receive, acceptable proof of your exemption. If Shopbit does not charge you taxes, it is your responsibility to ascertain whether taxes are owed and, if they are, to self-remit taxes to the relevant tax authorities in your country.

To avoid any misunderstanding, you agree to pay Shopbit any amounts due under these Terms of Service without any deductions or withholdings of any kind. Any deductions or withholdings mandated by law shall be borne by you and paid separately to the appropriate taxation authority, other than Taxes invoiced to you by Shopbit and transmitted to the respective tax authorities on your behalf. Shopbit will have the right to charge your Authorized Payment Method for the entire amount of the fees specified in these terms of service without making any necessary deductions or withholdings.

You are solely in charge of deciding how much relevant taxes, duties, fees, surcharges, and other costs that result from or are related to any sales on your Shopbit Store or your use of the Services will be, as well as for calculating, collecting, withholding, reporting, and remitting them. A marketplace is not what the Services are. Any sales agreement negotiated through the Services is solely between you and the client.

You need to keep your Shopbit Store's administrative console updated with your precise location. You must instantly update your location in the administrative portal if your jurisdiction changes.

Refunds are not offered by Shopbit.

6. Confidentiality

Any and all information related to a party's business that is not generally known as "Confidential Information" will be considered to be Confidential Information, including but not limited to: specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other details about current and potential customers, product designs, sales, costs (including any applicable processing fees), price lists, and other unpublished financial information. All information you receive from Shopbit about us or the Services that is not known to the general public is considered confidential information, including details about our security program and procedures.

Each party acknowledges that it must only use the other party's confidential information as required to carry out its obligations under these terms of service and in compliance with all other provisions, such as this Section 6. To prevent the duplication, disclosure, or use of any such Confidential Information, each Party agrees to take all reasonable measures, at least substantially equivalent to the measures it takes to protect its own proprietary information, with the exception of its employees, agents, and subcontractors who must have access to such Confidential Information to perform such Party's obligations hereunder, each of whom will treat such Confidential Information as provided herein. Information that the receiving party can demonstrate was either (A) in the public domain, already known to or in the possession of the receiving party, or (B) was independently developed by the receiving party without using or referencing the other party's confidential information and without violating any of the terms of these terms of service is not considered confidential information.

7. Limitation of Liability and Indemnification

You hereby acknowledge and agree that Shopbit and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or related to the use or inability to use the Service or these Terms of Service (however arising, including negligence).

You agree to defend us against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of (a) your violation of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any as applicable, our parent, subsidiaries, affiliates, Shopbit partners, officers, directors, agents, employees, and suppliers.

You shall be held accountable as if it were your own violation of the Terms of Service for any violation committed by your affiliates, agents, or subcontractors.

Your entire risk arises from using the Services. The Services are offered "as is" and "as available" with no express, implied, or statutory warranties or conditions.

Shopbit makes no guarantees on the continuity, promptness, security, or error-free operation of the Services.

Shopbit does not guarantee the accuracy or dependability of any outcomes that may be attained via the use of the Services.

Any tax responsibilities or obligations you may have in connection with the use of Shopbit's services are not Shopbit's responsibility.

Shopbit does not guarantee that any services will be error-free or that the quality of any goods, information, or other items you buy or get through the services will match your expectations.

8. Intellectual Property and Your Materials
8.1 Your Materials

Although we don't claim ownership of the materials you give Shopbit, we do need a license to use them. You give Shopbit the right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including through telecommunication), broadcast, reproduce, make available, display, translate, and create derivative works of any Materials you provide in connection with the Services. This right and license is non-exclusive, transferable, sub-licensable, and worldwide. We are allowed to utilize the licensee's rights to run, provide, and advertise the Services as well as to carry out our duties and make use of our privileges granted by the Terms of Service. You guarantee that you have all essential rights in the Materials to grant this license, and you represent that you do. You hereby expressly renounce, in favor of Shopbit, any and all moral rights that you may have in the Materials, and you agree that this waiver may be enforced by anyone who acquires such rights through Shopbit, including anyone to whom Shopbit may transfer, grant, or sublicense any such rights.

If you already held the Materials before giving them to Shopbit, they still remain your property, subject to any rights or permissions stated in the Terms of Service or elsewhere, even after being uploaded to your Shopbit Store. By removing your Account, you can at any moment erase your Shopbit Store. Any rights or licenses given to the Materials that Shopbit needs to exercise any rights or carry out any obligations that surfaced during the Term are not terminated by removing your Shopbit Store.

You acknowledge that while Shopbit is under no obligation to do so, Shopbit may at any time review and remove some or all of the Materials supplied to the Services.

You hereby grant Shopbit a non-exclusive, transferable, sub-licensable, worldwide right and license to use ("Your Trademarks") the names, trademarks, service marks and logos associated with your Store in connection with the operation, provision and promotion of the Services and in connection with the performance of our obligations and the exercise of our rights under the Terms of Service. Only to the extent that Shopbit needs the license to exercise rights or fulfill obligations that surfaced during the Term will this license survive any termination of the Terms of Service.

9. Additional Services
9.1 SMS Messaging

With the help of the Services, you can send specific messages to your clients via short message service (SMS) messaging, such as SMS order confirmation notifications (the "SMS Services"). You may only use the SMS Services in accordance with these Terms of Service, any other conditions that may be relevant (such as the Acceptable Use Policies of Twilio and Nexmo Inc., as updated from time to time), and the laws of the countries from which you send and receive messages.

9.2 Shopbit Email

The Shopbit email services (the "Email Services") allow you to create and send emails directly from your Account. You must adhere to the following rules in order to access and utilize Shopbit's email services, in addition to the conditions that apply to the Services generally (such as its acceptable use policy and privacy statement):

Shopbit uses specific controls to check the emails you send using the Email Services for content before sending them ("Content Scanning"). Such content scanning aims to reduce threats, such as spam, phishing, and other harmful content that violates these terms of service or Shopbit's acceptable use policy. You expressly permit Shopbit the right to use such content scanning by using the Email Services. Each Shopbit merchant is in charge of all content produced by their individual Stores and Shopbit makes no guarantees that the Email Services will be free of Threats.

YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE "EMAIL SERVICES REQUIREMENTS") BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES. If you don't follow the email service requirements, Shopbit or its third-party providers may suspend or stop letting you use the email services. 1. You must abide by all legal requirements when using the email services. Laws governing spam or unsolicited commercial email (or "UCE"), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws are a few examples of those that may apply. It is your duty to be aware of and understand the laws that are relevant to the way you use the email services and the emails you create or send using them. 2. You must abide by Shopbit's privacy policy when using the Email Services. You are responsible for reading and comprehending the Privacy Policy that relates to how you use the Email Services and the emails you create or send using those Services. 3. You will make a good faith effort not to submit sensitive personal data (collectively referred to as "Sensitive Data") over the Email Services, such as details about someone's ethnicity, ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data. You are responsible for reading and comprehending your responsibilities regarding sensitive data. 4. You must abide by any applicable rules imposed by Shopbit when using the Email Services. Using non-permission based email lists (i.e., lists where each recipient has not expressly granted permission to receive emails from you by affirmatively opting-in to receive those emails), purchased or rented email lists, using third party email addresses, domain names, or mail servers without proper authorization are just a few examples of practices that may violate the Email Services Requirements when creating or sending emails through the Email Services.

using non-permission based email lists (i.e., lists where each recipient has not expressly granted permission to receive emails from you by affirmatively opting-in to receive those emails); purchasing or renting email lists; utilizing third-party email addresses, domain names, or mail servers without the appropriate authorization; sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com); and sending emails that generate an unacceptable number of spam complaints.

Please contact Shopbit at abuse@shopbit.com if you or a customer becomes aware of or suspects any violations of the Email Services Requirements. Shopbit will arbitrarily decide whether the Email Services Requirements have been met.

SendGrid is one of the Third Party Providers used by Shopbit's Email Services (a Twilio Company). The SendGrid Acceptable Use Policy, as it may be updated from time to time, governs how you use the email services.

9.7 Third Party Services, Experts, and ServicePlace

Shopbit may occasionally suggest, give you access to, or allow software, applications (or "Apps"), goods, services, or website links from third parties (collectively, "Third Party Services") for your consideration or use, including through the Shopbit App Store or ServicePlace. These Third Party Services are provided simply as a convenience to you, and any transaction involving the purchase, access, or use of any such Third Party Services (collectively, "Third Party Services" or "Third Party Provider"). You also consent to being bound by any extra service-specific terms that could be associated with services you obtain from third party providers or that they offer. These terms are in addition to these Terms of Service.

Shopbit Experts is an online resource that lists independent contractors ("Experts") who can assist you in setting up and running your Shopbit Store.

Working with an Expert directly or via ServicePlace is an option for you. You can get suggestions from ServicePlace for Experts who can help you with various Store-related tasks. You can search, hire, and engage with Experts using ServicePlace directly from your Account admin.

It is completely up to you to decide whether to use any Third Party Services made available through the Services, Shopbit Experts, ServicePlace, or Shopbit's website. It is your obligation to read any applicable terms and conditions and/or privacy policies before using any Third Party Services. When you utilize the Services, Shopbit Experts, ServicePlace, or Shopbit's website to engage Third Party Providers that Shopbit recommends to you or with whom you otherwise do business, Shopbit may in some cases get a revenue share.

Regarding Third Party Services, we do not offer you any guarantees or promises. You understand that Shopbit has no control over third-party services and is not accountable to you or anyone else for them. The fact that Third Party Services are offered on Shopbit's websites, such as the Shopbit App Store or ServicePlace, or that these Third Party Services are integrated or enabled with the Services, in no way implies that Shopbit endorses, approves, sponsors, or is otherwise associated with them. Shopbit makes no promises regarding the accessibility of Third Party Services, and you agree that Shopbit may, at any time, in its sole discretion, and without prior notice to you, disable access to any Third Party Services. Shopbit is not liable or accountable to anyone for the termination of any Third Party Service or the suspension of access to it. Before using or depending on Third Party Services, Shopbit highly advises that you consult a specialist to make sure they will satisfy your needs. In particular, when determining the appropriate tax rates you should charge your clients, tax calculators should only be used as a source of information and not as a replacement for professional tax guidance.

Any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. 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 access to your data and other Materials and to take any other actions required for the interoperation of the Third Party Service with the Services. When a Third Party Service or a Third Party Provider has access to your data or other Materials, Shopbit is not liable for any disclosure, modification, or deletion of that data or other material, or for any ensuing losses or damages you may experience. A Third Party Service used within the Services is Google Maps. The Google Maps and Earth Enterprise Universal Acceptable Use Policy, the Google Maps and Google Earth Additional Terms of Service, and the Google Privacy Policy as it may be modified from time to time are all conditions for using the Services.

By submitting a request for assistance or other information through ServicePlace, you acknowledge and concur that: I Shopbit will receive all email communications exchanged via ServicePlace or in any reply emails (each a "Reply") that originate from ServicePlace (directly or indirectly); and (ii) you consent to being contacted by one or more Experts at the Primary Email Address (or such other email address provided by you) as well as the applicable user email address. You also consent to Shopbit providing Experts with your contact information and the background data you provide via the ServicePlace. Access to specific admin pages on your Shopbit Store might be needed by experts. You decide which pages the Experts have access to.

Shopbit is under no obligation to get involved in any disputes that might arise between you and a Third Party Provider since your relationship with any Third Party Provider is solely between you and that Third Party Provider.

Shopbit shall never be held responsible for any direct, indirect, incidental, special, punitive, consequential, exemplary, or other damages of any kind resulting from any Third Party Services or your contract with any Third Party Provider, including any Expert. Even if Shopbit has been made aware of the risk of such damages, these restrictions still stand. To the fullest degree authorized by applicable law, the aforementioned restrictions will apply.

You consent to defend, indemnify, and hold harmless us and (as applicable) our parent, subsidiaries, affiliates, Shopbit partners, officers, directors, agents, employees, and suppliers from any claim or demand resulting from your use of a Third Party Service or your dealings with a Third Party Provider, including any reasonable legal fees.

9.9 Shopbit Pixel Manager

The "Shopbit Pixel Manager" lets you add pixels to your Shopbit Store so you or a third party can track consumer events. From the user interface of your Shopbit Store's administrative panel, you can manage your pixels.

The following conditions apply to your access to and use of the Shopbit Pixel Manager in addition to the terms that apply to your use of the Services generally (including these Terms of Service, Shopbit's Acceptable Use Policy, and Privacy Policy); If you give Shopbit any information obtained through pixels, such as names, email addresses, phone numbers, or other data that personally identifies an individual, you agree to obtain all required rights and consents before giving Shopbit the aforementioned information. Additionally, you acknowledge that Shopbit may disable any pixels that violate its policies.

Shopbit may compile data on the Shopbit Pixel Manager, including the way pixels are used and the type, placement, and use of scripts. Shopbit may make use of this information to enhance, preserve, safeguard, and develop the Shopbit Pixel Manager.

10. Feedback and Reviews

Shopbit is open to any recommendations and/or ideas for changes or additions to the Services. Under no circumstances will Shopbit be subject to a confidentiality obligation or an expectation of payment for receiving any ideas, suggestions, or related materials, or for receiving reviews of the Services, Third Party Services, or any Third Party Provider (collectively, "Feedback"). By providing Shopbit with feedback (whether directly to Shopbit or posted on a forum or page hosted by Shopbit), you are waiving all claims to the feedback, and Shopbit is free to use the feedback as it sees fit, either as provided by you or as modified by Shopbit, without seeking authorization or license from you or any other party. To the best of your knowledge, any evaluations of third-party products or services that you submit to Shopbit must be truthful and must not violate any laws, be offensive to others, be threatening, contain false information, invade their privacy, violate their intellectual property rights, or be otherwise objectionable. Shopbit does not routinely review provided Feedback, however it does reserve the right (but not the duty) to remove or amend any feedback from third-party services or third-party providers.

11. DMCA Notice and Takedown Procedure

Shopbit encourages its merchants to support intellectual property protection in the same way. We always reply to complaints of alleged copyright infringement. Someone can use our form to send a DMCA Notice to Shopbit's designated agent if they think one of our merchants is violating their intellectual property rights. We reserve the right to remove or restrict access to Materials that are the subject of DMCA Notices after receiving one. If the merchant disagrees with the complaint after receiving a notice of takedown, they may submit a counter notification using our form. After receiving a counter notification, the original complainant has 14 business days to file a lawsuit to stop the merchant from continuing the infringement; if they fail to do so, we will restore the material.

12. Privacy and Data Protection

Shopbit is steadfastly committed to safeguarding the privacy of both your and your customers' personal information. By using the Service, you accept and agree that our Privacy Policy governs how Shopbit collects, uses, and discloses your personal information.

Shopbit's collection and use of personal information is also governed by our Data Processing Addendum to the extent that Shopbit processes personal information of your customers as a "data processor" or "service provider" under certain data privacy or protection laws, including the Singapore General Data Protection Regulation.

13. Shopbit Contracting Party

This Section 13(2) applies to you if your Store's billing address is in the Asia Pacific area, which includes Australia, New Zealand, China, Japan, and Singapore:

Shopbit Commerce Singapore Pte. Ltd., a company established under Singaporean law with offices at 10 Anson Road, International Plaza, #30-09, Singapore 079903, is referred to as the "Shopbit Contracting Party."

The parties hereby irrevocably consent that any dispute arising out of or related to the Terms of Service shall be subject to the exclusive jurisdiction of the courts of Singapore, and any action arising out of or related to the Terms of Service shall be conducted in such courts. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded from application to these Terms of Service.

14. Term and Termination

The period of these terms of service (the "Term") will start on the date that you successfully register to use a service and will last until terminated by either us or you as described below.

By contacting Shopbit Support and following the precise instructions given to you in their answer, you can cancel your Account and terminate the Terms of Service at any time.

Without limiting our other remedies, we reserve the right to suspend or terminate the Terms of Service or your Account at any time and for any reason (except as otherwise required by law), including if we have reason to believe that you have used the Services fraudulently as evidenced by a conviction, settlement, insurance or escrow investigation, or other means. Any rights or responsibilities that existed before the date of termination will not be harmed by the termination of the Terms of Service.

Shopbit will stop supplying you with the Services and you won't be able to access your Account when either party terminates the Services for any reason;

You won't be eligible for any refunds of any Fees, pro rata or otherwise, unless expressly stated in the Terms of Service;

Any unpaid sum owed by you to Shopbit for the use of the Services up until the termination date will be immediately due and payable in full; and

Your Shopbit Store will no longer be accessible.

If you bought a domain name using Shopbit, it will no longer renew itself after cancellation. After termination, it will be your exclusive duty to deal with the domain registrar for all issues relating to your domain.

You will get one final invoice through email if there are still any unpaid Fees due from you at the time the Service is terminated. You won't be charged again until that invoice has been fully paid.

Your account may be terminated at any moment by us.

15. Modifications

We reserve the right to amend or modify any part of the Terms of Service at any time, at our sole discretion. By sending an email to the Primary Email Address, giving notice through the Shopbit administrative console, or by means comparable to these, we will give you reasonable advance notice of any changes to the Terms of Service that materially adversely affect how you use the Services or how you may exercise your rights under the Terms of Service. However, Shopbit reserves the right to make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and without prior notice I for legal, regulatory, fraud and abuse prevention, or security purposes; or (ii) to impose restrictions on goods or activities that we deem to be risky, inappropriate, or offensive. Any modifications to the Terms of Service will take effect immediately upon publishing at this place, unless we specifically state otherwise in our notice (if applicable). You are deemed to have accepted the changes and given your consent to be bound by the Terms of Service as amended if you continue to access or use the Services after we publish the applicable notification or after we post the updated terms. You must discontinue using and accessing the Services if you do not agree to the modified Terms of Service.

Shopbit has the right to periodically alter the fees for the services. We shall send an email to your primary email account, notify you through the Shopbit administrative dashboard, or use a similar method to provide you 30 days' notice before any changes to the Fees. If the Services are modified, their prices are changed, they are suspended, or they are discontinued, Shopbit won't be held responsible for you or any other person (or any part thereof).

16. General Conditions

The Terms of Service, along with the documents it contains by reference, set forth the terms and conditions for your use of the Services and your Account and supersede any other agreements you may have had with Shopbit in the past (including, but not limited to, any prior versions of the Terms of Service).

Any rights or provisions of the Terms of Service that Shopbit chooses not to exercise or enforce are not deemed to have been waived by Shopbit. If a court of competent jurisdiction finds that any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is illegal, that provision will be modified and interpreted in a way that best achieves the original provision's goals to the fullest extent permitted by law, and all other provisions of the Terms of Service will continue to be in full force and effect.

Save No person or entity who is not a party to these Terms of Service will have any right to enforce any provision of these Terms of Service with respect to Shopbit and its affiliates, you, or anyone accessing Shopbit Services in accordance with these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class, or as fitting a particular description. To be clear, this won't have an impact on the rights of any allowed assignee or transferee of these Terms.

Without regard to the rules of conflict of laws, the laws of Singapore that are applicable there will govern and be followed in interpreting the Terms of Service.

Other languages other than English may be used in the Terms of Service. The most recent English version of the Terms of Service can be found at https://www.shopbit.com/terms, and it will take precedence if there are any discrepancies or disputes between it and Shopbit's Terms of Service available in other languages. Unless Shopbit (acting in its sole discretion) or as required by relevant legislation specifies otherwise, all disputes arising out of these Terms of Service will be settled in English.

The parties to the Terms of Service, as well as each of their respective heirs, successors, allowed assigns, and legal representatives, will be bound by and benefit from all of the terms and clauses of the Terms of Service. These Terms of Service may be assigned by Shopbit without your knowledge or permission. The Terms of Service and all of your rights and responsibilities under them may not be assigned or otherwise transferred to a third party without Shopbit's prior written authorization, which Shopbit may grant or refuse in its sole discretion.

Any provision or portion of a provision in these Terms of Service that is determined to be invalid, illegal, or unenforceable in any way will not affect any other provision of the Terms of Service (or the unaffected portion of the provision), and the Terms of Service will be interpreted as if the invalid, illegal, or unenforceable provision (or portion of the provision) had never been included in the Terms of Service.

All related rights and obligations under the Terms of Service are immediately terminated upon termination, with the exception of Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7, 8, and 8.1 (Intellectual Property and Non-Disclosure) of the Terms of Service, for which you will continue to be liable for all obligations incurred before or as a result of termination.