Terms of Service

Last updated: 25/01/2017

By: Jan Andersen

Welcome to StoreGecko. Please read these terms of service (these “Terms”) carefully. Once accepted they form a contract (“Contract”) between you and StoreGecko Limited (“StoreGecko”, ”Company” “we”, “us”, or “our”) that governs your access and use of the StoreGecko services, which shall comprise (together the ” Services”):

the hosted storage solution provided by StoreGecko for online content storage, sharing and processing of files, materials, data, text, audio, video, images or other content (collectively, “Content”);

the website owned or operated by StoreGecko located at www.app.storegecko.com (“Site”) and applications;

You should also read our Privacy Policy for information about our approach to privacy and your information.

By registering for an account or using any of the services you are indicating your acceptance to these terms and are agreement to be bound by and a party to this binding contract.

If you do not agree with these terms, or do not have the authority to agree to them on behalf of your organization you must not register for an account with us and must use the services.

You are solely responsible for the activity that occurs on your Account, and for keeping your account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

Changes to these Terms

We may change these Terms from time to time due to changes in our Services and the laws that apply to us and you. We will date and post the most current version of these Terms on the Site. If we make any changes, we will notify you by revising the “Last Updated” date at the top of these Terms and in some cases, where appropriate, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms).

If in our sole discretion we deem a revision to these Terms to be material, we will notify you via the Service and/or by email to the email address associated with your account.

If we do update these Terms and you do not agree to the updated Terms, you shall be free to decide whether to accept the terms or stop using the Services.

When registering with StoreGecko you must: (a) provide true, accurate, and current information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Updates and changes to the Service

StoreGecko reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time.

We may add or remove functionalities or features, and we may suspend or stop a Services altogether.

StoreGecko may post on the Site and/or will send an email or a intercom communique to the primary address associated up with your account to provide notice of any material changes to the Services. It is your responsibility to check your email address and/or primary email address registered with StoreGecko for any such notices. You agree that StoreGecko shall not be liable to you or any third party for any modification, cessation or discontinuation of the Services.

If you have paid to use the Services and we terminate the Services without cause or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment, as we determine appropriate.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

StoreGecko’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the company’s Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Usage

Your use of the Service is at your sole risk. The service is provided on an ”as is” and ”as available” basis.

Content

Except for material that we license to you, we don’t claim ownership of any Content that is transmitted, stored, or processed in your account(s) and such Content is your sole responsibility as the person who created the Content or introduced it into the Services. We also don’t control, verify, or endorse the Content that you and others make available on the Service.

You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations;

StoreGecko shall use reasonable skill and due care in providing the Services, but StoreGecko does not guarantee or promise that any Content you may store or access through the Services will not be subject to inadvertent damage, temporary unavailability, corruption or loss. To the maximum extent permitted by law and except as set out in these Terms, StoreGecko will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store, access or encrypt any Content.

You must immediately notify StoreGecko in writing of any unauthorised use of: (a) any Content; (b) any account; or (c) the Services that comes to your attention. In the event of any such unauthorised use by any third party that obtained unauthorised access through you, you will take all steps necessary to terminate such unauthorised use.

Disclaimer of warranties

The site and the Service, including all server and network components are provided on ”as is” and ”as available” basis, without any warranties of any kind to the fullest extent permitted by law, and StoreGecko expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, and fitness for a particular purpose. You acknowledge that StoreGecko does not warrant that the Service will be uninterrupted, timely, secure, error-free from viruses or other malicious software.

Suspension and termination of use of the Service

We reserve the right to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without notice and without incurring liability of any kind to you for: (a) your actual or suspected violation of these Terms; (b) your use of the Services in a manner that may cause StoreGecko to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; (f) unplanned technical problems and outages.

You acknowledge that if your access to the Services is suspended or terminated, you will no longer have access to the Content that is stored with the Services.

Third party services and content

All transactions you make using the Services are between the relevant transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge and agree that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, StoreGecko is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content.

StoreGecko shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services .

Notices

We may send you, in electronic form, information about the Services and additional information. We may provide required information to you by email at the address you specified when you signed up for the Services or by access to a website that we identify.

If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.

Payments, license, refunds, cancellations and pricing

Payment

Payment for licenses and services is made either with Credit card through Stripe. All payments are made in USD.

Refunds for licenses

Since StoreGecko is offering semi non-tangible digital service we do not issue refunds after purchase of the product. By making a purchase on our site, you are responsible for understanding these terms. If there is a documented error with the product that renders it useless we will of course consider offering a refund.

License agreement

If purchasing a licensing product from StoreGecko, you agree to the following:

  • StoreGecko is the sole copyright holder of the Software. The Software or a portion of it is a copyrightable matter and is liable to protection by the law. Any activity that infringes terms of this Agreement violates copyright law and will be prosecuted according to the current law. StoreGecko reserve the right to revoke the license of any user who is holding an invalid license.

  • You may not use any part of the code in whole or part in any other software or product or website.

  • You may not give, sell, distribute, sub-license, rent, lease or lend any portion of the Software or Documentation to anyone.

  • License agreement remains effective until terminated. You may terminate it at any time by destroying all copies of the Software. Termination of this Agreement does not bind us to return you the amount spent for purchase a license for the Software.

License limitations

The StoreGecko GeckoImporter license is valid within a single Magento installation and is restricted to the features stipulated below, unless extended by the discretion of StoreGecko:

  • 1 server/multi website license

  • Insert products to Magento

  • Complete spreadsheet interface

  • Complete Magento validation

  • Create Simple products

  • Create Configurable products

  • Simple CSV import

  • Simple filters & views

  • Simple image management

License updates

Customers get free updates for twelve months from date of purchase.

Cancellations

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

StoreGecko, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Pricing

Prices of all Services are subject to change upon 3 months notice from us. Such notice may be provided at any time by posting the changes to the StoreGecko site or the Service itself.

Marketing

We are permitted to use your name and logo for marketing purposes (i.e. make public on our website and in marketing material that your company is using our products and services) unless explicitly stated otherwise.

Data Sharing and Analysis

Information we get from your use of our services. We collect information about the services that you use and how you use them, like when you publish products, edit data, or view and interact with our application and website. This information includes:

  • Device information: We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).

  • Log information: When you use our services or view content provided by StoreGecko, we automatically collect and store certain information in server logs. This includes: details of how you used our service, such as your entries.

  • Internet protocol address

  • Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.

  • Cookies that may uniquely identify your browser or your StoreGecko Account.

  • Location information: When you use StoreGecko services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors.

  • Unique application numbers: Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to StoreGecko when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

  • Local storage: We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

How we use the information we collect

We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect StoreGecko and our users. We also use this information to offer you tailored content.

We may use the name you provide for your StoreGecko Profile across all of the services we offer that require a StoreGecko Account. In addition, we may replace past names associated with your StoreGecko Account so that you are represented consistently across all our services. If other users already have your email.

When you contact StoreGecko, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. One of the products we use to do this is services such as Google Analytics. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer.

We may combine personal information from one service with information, including personal information, from other StoreGecko services – for example to make it easier to share things with people you know. Depending on your account settings, your activity on other sites and apps may be associated with your personal information in order to improve StoreGecko’s services.

We will ask for your consent before using information for a purpose other than those that are set out in this Policy.

StoreGecko processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

We may share non-personally identifiable information publicly and with our partners – like publishers, Facebook or Third Party Sites. For example, we may share information publicly to show trends about the general use of our services.

If StoreGecko is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

Information security

Security:

We work hard to protect StoreGecko and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

We encrypt many of our services using SSL.

We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.

We restrict access to personal information to StoreGecko employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Severability; entire agreement

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect.

To the maximum extent permitted by law, these Terms and any document expressly referred to in them constitute the entire contract and understanding between you and us regarding the Services. You acknowledge and agree that you have not relied upon any statement, promise or representation made or given by or on behalf of us, which is not set out in these Terms or any document expressly referred to in them. It supersedes any prior representations, understandings, contract or oral or written statements regarding your use of the Service or the subject matter of these Terms.