Terms of service

Agreement

These Terms of Service govern access to and use of the Vendurex platform, operated by Vendurex ("Vendurex", "we", "us").

By creating an account or using the service, you agree to these terms on behalf of yourself and any organization you represent. If you do not agree, do not use the service.

These terms govern the relationship between Vendurex and merchants. They do not govern the relationship between a merchant and that merchant's customers.

The service

Vendurex provides software that merchants use to sell digital products, including storefront hosting, product and inventory management, order processing, and automated delivery.

Vendurex is a software provider, not a seller. We do not own, supply, or take title to anything a merchant sells. Payments are processed through the merchant's own account with a payment provider and settle to that merchant.

• The merchant is the seller of record and is solely responsible for their own customer terms, refund policy, and disclosures.
• The merchant is responsible for the legality of what they sell and for holding all rights and licenses required to sell it.
• Chargebacks, disputes, refunds, and any applicable taxes arising from a sale are the merchant's responsibility.

Accounts and eligibility

You must be at least 18 years old and able to form a binding contract. Access may be granted by invitation or approval, and accounts are for the organization identified at registration.

You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use.

Acceptable use

You agree not to use the service to:

• sell or distribute anything unlawful, infringing, stolen, or that you lack the right to sell;
• engage in fraud, money laundering, or deceptive practices, or to facilitate them;
• interfere with, overburden, probe, or attempt to gain unauthorized access to the service or another user's data;
• misrepresent your identity, your business, or your relationship to any product you offer.

Fees

Fees charged by a payment provider are governed by the merchant's separate agreement with that provider. Any fee charged by Vendurex is disclosed before it applies, and continued use after a disclosed change constitutes acceptance of it.

If you refund an order, our fee on that order is returned to you, in proportion to the amount refunded. If a payment is charged back or otherwise disputed, our fee is not returned, because the work of processing that order has already been performed.

Intellectual property

Vendurex retains all rights in the platform, including its software, design, and documentation. Merchants retain all rights in their own content, products, and customer data, and grant Vendurex only the limited license needed to host and deliver them on the merchant's behalf.

Suspension and termination

You may stop using the service at any time and may request an export of your data. We may suspend or terminate access where necessary to protect the platform, other merchants, or buyers, including on credible indications of fraud or unlawful activity, and where practicable we will give notice.

On termination, we retain data only as long as needed for legitimate business, legal, and dispute-resolution purposes.

Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

Limitation of liability

To the maximum extent permitted by law, Vendurex will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill.

Our total liability arising out of or relating to the service will not exceed the greater of the amounts you paid us in the twelve months before the event giving rise to the claim, or one hundred dollars.

Indemnification

You agree to indemnify and hold harmless Vendurex and its officers, employees, and agents from any claim, loss, or expense, including reasonable attorneys' fees, arising from your use of the service, the products you sell, your content, or your breach of these terms.

Changes, governing law, and contact

We may update these terms. Material changes will be communicated in advance, and the date below reflects the current version.

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, and the parties consent to the exclusive jurisdiction of the courts located there.

Questions about these terms: legal@vendurex.com.