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SellSN

Terms of Service

Effective: 2024-09-10

Welcome to SellSN ("Platform", "we", "our", "us"), operated by SellSN MB. These Terms of Service ("Terms") govern your use of the Platform, which enables users ("Store Owners") to create and manage individual online stores for selling digital goods to customers ("Customers"). By using our Platform, you agree to these Terms. If you do not agree, please do not use our Platform.

1. Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. Eligibility

You must be at least 18 years old to use this Platform. By using the Platform, you represent and warrant that you meet this requirement.

3. Account Registration

To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information and for all activities that occur under your account.

3.1 Communications

By registering on the Platform, you consent to receive promotional emails, newsletters, and updates related to the Platform. We will process your personal data in accordance with our Privacy Policy. You can opt out of non-essential communications at any time by following the unsubscribe link provided in such emails.

4. Store Owner and Customer Responsibilities

4.1 Store Owner Responsibilities

  • Store Owners are solely responsible for the legality, accuracy, and quality of the digital goods they offer on their individual stores.
  • Store Owners agree to comply with all applicable laws and regulations, including but not limited to consumer protection, data privacy and intellectual property laws.
  • Store Owners must clearly communicate their refund and return policies to Customers in compliance with these Terms, EU consumer protection laws, and any other applicable regulations.

4.2 Customer Responsibilities

  • Customers are responsible for reading and understanding the descriptions, terms, and policies before making a purchase from a Store Owner.
  • Customers agree to comply with all applicable laws and regulations when using the Platform and purchasing digital goods.

4.3 Consumer Rights

  • Right of Withdrawal: If you are a consumer residing in the EU, you generally have the right to withdraw from a digital goods purchase within 14 days. However, this right may be waived if you agree to immediate access or download of the digital content. Store Owners must obtain clear consent from Customers acknowledging that they forfeit their withdrawal right upon starting the download or use of the digital product.

5. Prohibited Activities

You agree not to engage in any of the following activities:

  • Violating any laws or regulations;
  • Infringing upon or misusing intellectual property rights;
  • Engaging in fraudulent or misleading activities;
  • Circumventing or disabling security features of the Platform;
  • Using the Platform to transmit harmful, malicious, or illegal content, including hate speech or defamation;
  • Promoting or engaging in harassment or violence.

6. Platform as a Service Provider

The Platform acts as a service provider that enables Store Owners to create and manage their individual online stores. We do not endorse, control, or guarantee the quality, legality, or safety of any digital goods offered by Store Owners. The Platform is not responsible for any actions or omissions by Store Owners, including but not limited to any illegal conduct or the sale of illegal goods.

You acknowledge that any legal recourse for actions or omissions of Store Owners or other third parties regarding the digital goods they provide is against those Store Owners or third parties, not against the Platform.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Platform and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Platform;
  • Your violation of these Terms;
  • Your violation of any third-party rights, including intellectual property rights; or
  • Any illegal activity by you or your use of the Platform.

8. Limitation of Liability

To the fullest extent permitted by applicable law, the Platform shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of the Platform, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the Platform has been informed of the possibility of such damage.

Note: This limitation of liability does not exclude or limit liability for death or personal injury caused by our gross negligence or willful misconduct, or for any other liability that cannot be excluded or limited under applicable law.

9. Refund Policy

9.1 Store Owner's Refund and Return Policy

Each Store Owner is required to specify their own refund and return policy, which must be clearly communicated to Customers and comply with EU consumer protection laws, including the right of withdrawal for digital goods as applicable.

9.2 Refund Policy for Platform Premium Plans

9.2.1 Premium Plan Purchases

SellSN offers various premium plans that Store Owners can purchase to enhance their store's features and functionality on the Platform. By subscribing to a premium plan, you agree to the pricing, payment, and renewal terms as disclosed at the time of your purchase.

9.2.2 Refund Policy

All purchases of premium plans are final and non-refundable, except as required by applicable law or explicitly stated in this section. We do not offer refunds or credits for partial use, upgrade/downgrade refunds, or for periods during which your account remains active but you do not use the service.

9.2.3 Exceptions

In the event that you experience a significant technical issue that prevents you from using the premium features of your plan as intended, you may contact our support team at [email protected] within 30 days of the issue occurring. We will review your case and, at our sole discretion, may issue a prorated refund or credit based on the specifics of the situation.

9.2.4 Billing Errors

If you believe you have been billed in error for a premium plan, you must contact us within 30 days of the billing date at [email protected]. We will investigate the charge, and if an error is found, we will correct it and issue a refund as appropriate.

9.2.5 Stripe Refunds

Refunds, if any, will be processed through Stripe, our payment processor. Any applicable refund will be credited back to the payment method used during the initial transaction. Please note that Stripe's refund processing times may vary, and any delays caused by Stripe are outside of our control.

9.2.6 Chargebacks

Attempting to obtain a refund via a chargeback from your bank or credit card company for a valid charge on our Platform is a violation of these Terms. If you initiate a chargeback, we reserve the right to suspend or terminate your account, block access to your stores, and seek compensation for any costs incurred as a result of the chargeback.

10. Termination

We reserve the right to suspend or terminate your account or access to the Platform at any time, for any reason, including but not limited to your violation of these Terms, without notice or liability to you.

11. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the revised Terms on the Platform and updating the "Effective Date" at the top of these Terms. Your continued use of the Platform after the changes are made will constitute your acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms and your use of the Platform will be governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of laws principles. Any disputes arising out of or related to these Terms or the Platform will be resolved exclusively by the courts of Lithuania, except that you may assert claims in small claims court if your claims qualify. Note: As an EU consumer, you may also be entitled to bring claims in your local jurisdiction if applicable consumer protection laws provide such rights.

13. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and the Platform regarding your use of the Platform.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  • Waiver: The failure of the Platform to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Domains we operate on: sellsn.io