Using Our Services
What You Can Do.
Subject to your compliance with these Terms of Use, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any Service-specific terms and policies listed on our website.
What You Cannot Do.
You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:
- Using our Services in a way that infringes, misappropriates or violates anyone’s rights.
- Modifying, copying, leasing, selling or distributing any of our Services.
- Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
- Automatically or programmatically extracting data or Output (defined below).
- Representing that Output was human-generated when it was not.
- Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services.
- Using Output to develop models that compete with Shop Startup.
Software.
Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licences that we’ve made available to you.
Corporate Domains.
If you create an account using an email address owned by an organisation (for example, your employer), that account may be added to the organisation’s business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organisation has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organisation’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.
Third Party Services.
Our Services may include third party software, products, or services (“Third Party Services”), and some parts of our Services may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.
Please note that this is just an example, and you should consult with a legal professional to ensure that these terms of use are compliant with applicable laws and regulations in the United Kingdom.
Content
Your Content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms of Use. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.
Ownership of Content. As between you and Shop Startup, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of Content. Due to the nature of our Services and artificial intelligence generally, output may not be unique, and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our Use of Content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services, you understand and agree:
Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent Shop Startup’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Shop Startup.
Paid Memberships
Paid Subscriptions. Our website offers a paid membership that provides access to enhanced features and functionalities (the “Benefits”). The exact Benefits of the paid membership will be clearly stated before purchase. You can manage your paid membership from your account settings.
Fees:
All membership fees will be clearly displayed before purchase.
Billing.
When you sign up for a paid membership, you will provide complete and accurate billing information, including a valid payment method. For paid memberships, we will automatically charge your payment method on each agreed-upon renewal period until you cancel. If your payment cannot be processed, we may downgrade your account or suspend your access until payment is received.
Cooling Off Period.
You are entitled to cancel your purchase and request a refund without stating a reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant membership fee prorated from the date you request cancellation to the end of the period you have paid for. To cancel and request a refund, please contact our Support or fill out and submit our cancellation form.
Cancellation.
Following the Cooling Off Period, you can cancel your paid membership at any time by updating your account settings. You will not be charged after you cancel. You will continue to have access to the Benefits until the end of the period you have paid for, at which point your cancellation will become effective. Unless we specify otherwise, you will not receive a refund for any days between the day you cancel and the last day of the paid period.
Changes.
We may change our membership prices from time to time. If we increase our prices, we will give you at least 30 days’ notice, and any price increase will take effect on your next renewal, so you can cancel if you do not agree to the increase.
Termination and Suspension
Your Rights.
You can stop using our Services and end your relationship with Shop Startup at any time by closing your account and stopping your use of the Services. Instructions for how to do this are available [here/in our Help Center].
Withdrawal Right.
If you are a UK-based consumer, you can close your account and withdraw from these Terms of Use within 14 days of accepting them by contacting our Support or filling out and submitting our cancellation form.
Our Rights.
We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:
- You breached these Terms of Use or our Usage Policies.
- We must do so to comply with the law.
- Your use of our Services could cause risk or harm to Shop Startup, our users, or anyone else.
- Your account has been inactive for over a year and you do not have a paid membership.
Notice.
If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Shop Startup or anyone else, or we are legally prohibited from doing so.
Appeals.
If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support.
Please note that this is just an example, and you should consult with a legal professional to ensure that these terms of use are compliant with applicable laws and regulations in the United Kingdom.
Our Commitments to You
How We Provide the Services.
We commit to providing the Services to you with reasonable skill and care and to act with professional diligence. However, we do not promise to offer the Services forever or in their current form for any particular period of time.
Liability.
Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is: caused by our breach of these Terms of Use, or
reasonably foreseeable at the time of entering into these Terms of Use.
We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.
Statutory Rights.
You have certain statutory rights that cannot be limited or excluded by a contract like these Terms of Use or that you are legally entitled to, for example, by virtue of being a consumer. These Terms of Use are in no way intended to affect or restrict those rights.
Dispute Resolution
Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns, you can contact us through our Support channels.
Court. If we cannot resolve our dispute, you or we can go to your local courts.
Alternative Dispute Resolution. If you reside in the United Kingdom, you can also raise the dispute with an alternative dispute resolution body.
Copyright Complaints
If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out our copyright infringement form. We may delete or disable Content alleged to be infringing and may terminate accounts of repeat infringers.
Shop Startup, a Liberty Web Ltd company, 8 Jubilee Path, W-s-M. BS23 8HR. Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the allegedly infringing material is located on our site so we can find it;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Business Use of the Services Addendum
Commercial and Business Use. If you use our Services for commercial or business use, the following terms apply. In the event of a conflict between this Business Use of the Services Addendum and the rest of these Terms of Use, this Addendum shall take precedence.
Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED POUNDS (£100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms of Use only limit our responsibilities to the maximum extent permissible in your jurisdiction.
SHOP STARTUP’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ADDENDUM.
Indemnity. If you are a business or organisation, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms of Use.
Governing Law (Business Use). The laws of England and Wales will govern these Terms of Use except for its conflicts of laws principles. All claims arising out of or relating to these Terms of Use will be brought exclusively in the courts of England and Wales.