Terms of Service

1. Agreement to Terms

By accessing or using BrightCart ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

BrightCart is a platform that enables users to create and manage online stores, sell products, and process transactions. The Service includes features such as store management, product catalog, shopping cart functionality, payment processing, and related services.

3. Subscription Service

3.1 Subscription Plans

BrightCart operates on a subscription basis with multiple plans available, including Launch, Grow, Scale, and Custom tiers. Each plan may be offered on a monthly or annual billing cycle.

3.2 Automatic Renewal

IMPORTANT: Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your selected plan) unless you cancel your subscription before the renewal date. By subscribing to our Service, you acknowledge and agree that:

• Your subscription will continue indefinitely until you cancel it
• You will be charged automatically at the beginning of each billing cycle
• The subscription fee will be charged to the payment method you have on file
• You are responsible for ensuring your payment method remains valid and up to date

3.4 Billing Cycles

• Monthly Subscriptions: Renew every 30 days from the date of subscription

3.5 Subscription Fees and Store Usage

IMPORTANT: Monthly subscription fees apply regardless of whether you have active stores or are using the Service. You will be charged the full subscription fee for your plan each billing cycle, even if you have no stores, have deleted all stores, or are not actively using the Service. Subscription fees are not prorated based on usage, store count, or activity level. To stop being charged, you must cancel your subscription as described in Section 3.6 below.

3.6 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting our support team. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until the end of the period you have already paid for. No refunds will be provided for partial billing periods.

3.7 Price Changes

We reserve the right to modify subscription fees at any time. We will provide at least 30 days' notice of any fee changes. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

3.8 Refunds

All subscription fees are non-refundable except as required by law or at our sole discretion. You acknowledge that by subscribing, you understand that you are making a recurring payment commitment.

4. User Accounts

4.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with this obligation.

5. Acceptable Use

5.1 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Use the Service to transmit harmful, offensive, or illegal content
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service

5.2 Product Listings

You are solely responsible for the products you list and sell through the Service. You must:

• Ensure all product descriptions are accurate and not misleading
• Comply with all applicable laws and regulations
• Respect intellectual property rights of others
• Not sell prohibited or restricted items

5.3 Media Content and Liability

IMPORTANT: You assume all liability for any media content (including images, videos, graphics, and other multimedia content) that you upload, display, or use through the Service. You acknowledge and agree that:

• Copyright and Intellectual Property: You are solely responsible for ensuring that all media content you upload does not infringe upon any copyright, trademark, patent, or other intellectual property rights of any third party. You represent and warrant that you have all necessary rights, licenses, and permissions to use, display, and distribute all media content you upload.
• Protected Content: You assume full liability for any protected, copyrighted, trademarked, or otherwise restricted content that you upload or use through the Service. You will indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your use of protected content without proper authorization.
• Unacceptable Content: You are responsible for ensuring that all media content complies with applicable laws and community standards. Content that is illegal, offensive, defamatory, obscene, or otherwise unacceptable is prohibited. You assume all liability for any unacceptable content you upload.
• Compliance with Authorities: We reserve the right to comply with any lawful request from governmental authorities, law enforcement agencies, or court orders for the removal, disclosure, or preservation of media content. We may remove or disable access to any media content at any time without prior notice if we believe it violates these Terms, applicable laws, or if required by authorities.
• No Liability: We assume no liability for any media content uploaded, stored, or transmitted through the Service by you or other users. We do not review or screen media content for copyright infringement, intellectual property violations, or unacceptable content.

If you become aware of any media content that violates these Terms or applicable laws, please contact us immediately. However, you understand that we may remove or disable access to any content at our sole discretion, with or without notice, and we are not obligated to restore such content.

6. Account Limits and Usage

6.1 Subscription Plan Limits

Each subscription plan includes specific limits on the number of products, stores, and monthly transactions you can process. These limits vary by plan and are as follows:

6.2 Product Limits

The number of products you can create and list in your stores is limited based on your subscription plan. If you attempt to create more products than your plan allows, you will be notified and must upgrade your subscription plan to continue adding products. Existing products will remain accessible, but you will not be able to create new products until you upgrade or reduce your product count below the limit.

6.3 Store Limits

The number of stores you can create and manage is limited based on your subscription plan. If you attempt to create more stores than your plan allows, you will be notified and must upgrade your subscription plan to continue creating stores. Existing stores will remain accessible, but you will not be able to create new stores until you upgrade or delete existing stores to remain within your limit.

6.4 Monthly Transaction Limits

Each subscription plan includes a monthly transaction limit, which resets at the beginning of each billing cycle. A transaction is counted each time a customer completes a purchase through your store(s). The transaction limit applies to all transactions processed through all stores associated with your account.

6.5 What Happens When Monthly Transaction Limits Are Reached

If you reach your monthly transaction limit before the end of your billing cycle, the following will occur:

• Transaction Processing Will Be Suspended: New transactions will not be processed until your limit resets at the beginning of your next billing cycle, or until you upgrade to a plan with a higher transaction limit.
• Store Functionality: Your stores will remain accessible to customers, but checkout functionality will be disabled. Customers will be unable to complete purchases until the limit resets or you upgrade.
• Notification: You will be notified when you approach your transaction limit (typically at 80% and 95% of your limit) and when you have reached your limit.
• Upgrade Option: You may upgrade your subscription plan at any time to increase your transaction limit. Upon upgrade, your new limit will apply immediately, and processing will resume.
• Limit Reset: Transaction limits reset automatically at the beginning of each new billing cycle. Once reset, transaction processing will resume automatically.
• No Proration for Transaction Limits: Reaching your transaction limit does not entitle you to a prorated refund or credit. You are responsible for monitoring your usage and upgrading your plan if needed.

We recommend monitoring your transaction usage regularly through your account dashboard and upgrading your plan proactively if you anticipate reaching your limit.

7. Fees and Charges

7.1 Subscription Fees

Subscription fees are charged in advance on a recurring basis (monthly or annually, depending on your selected plan) and are non-refundable except as required by law or at our sole discretion. Subscription fees are in addition to any transaction fees.

7.2 Transaction Fees

In addition to subscription fees, transaction fees apply to each sale processed through the Service. Transaction fees are calculated as a percentage of each transaction amount, with a minimum fee per transaction. The transaction fee structure varies by subscription plan:

Transaction fees are automatically deducted from the gross transaction amount before funds are transferred to your account. For example, on a $100 sale with a 2% transaction fee, the transaction fee would be $2.00, and $98.00 would be transferred to your account (subject to payment processor fees).

7.3 Payment Processor Fees

In addition to our transaction fees, third-party payment processors (such as Stripe) may charge their own fees for processing payments. These fees are separate from our transaction fees and are governed by the terms and conditions of the payment processor. You are responsible for all payment processor fees associated with your transactions.

7.4 Fee Changes

We reserve the right to modify transaction fees at any time. We will provide at least 30 days' notice of any fee changes. If you do not agree to the new fee structure, you may cancel your subscription before the change takes effect.

8. Payment Processing

8.1 Payment Methods

Payments are processed through third-party payment processors (including Stripe). By using the Service, you agree to comply with the terms and conditions of these payment processors.

8.2 Payment Disputes

You are responsible for resolving payment disputes with your customers. We may assist in dispute resolution but are not liable for disputes between you and your customers.

9. Intellectual Property

9.1 Our Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are owned by BrightCart and are protected by copyright, trademark, and other intellectual property laws.

9.2 Your Content

You retain ownership of content you submit, post, or display on or through the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving the Service.

10. Termination

10.1 Termination by You

You may terminate your account at any time by canceling your subscription and closing your account through the Service.

10.2 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTCART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

13. Indemnification

You agree to indemnify and hold harmless BrightCart, its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

16. Contact Information

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