Terms of Service

1. Acceptance of Terms

By accessing or using SyncMyCart ("Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

SyncMyCart provides order synchronization software that allows you to connect your e-commerce platforms to your accounting platform. The Service uses secure OAuth 2.0 authentication to connect to third-party services. Supported platforms are listed in the Service Level Agreement and may change from time to time.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent that you meet this requirement.

4. User Responsibilities

You agree that you will:

• Provide accurate and up-to-date information when creating your account.
• Maintain the confidentiality of your login credentials.
• Be responsible for all activity that occurs under your account.

You agree that you will not:

• Use the Service to transmit false, misleading, or fraudulent financial data.
• Use the Service to engage in any harmful or illegal activity.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Violate the terms or policies of any third-party service you connect to, including any e-commerce or accounting platform integrated with the Service.

5. Third-Party Services

When you connect an e-commerce or accounting platform, you authorize SyncMyCart to access your data on that service in order to provide the features of the Service. Your use of any third-party service remains subject to that provider's own terms and privacy policies. We are not responsible for the content or availability of third-party services.

6. Intellectual Property

The Service, including all software, trademarks, logos, and content provided by SyncMyCart, is owned by Ubiquitous LLC or its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your personal or internal business purposes in accordance with these Terms.

7. Subscription, Fees, and Changes to Service

SyncMyCart may offer free and paid subscription plans. Any applicable fees, billing terms, and features of each plan will be described on our website or within the app. We reserve the right to modify or discontinue plans or features, or change pricing, upon reasonable notice as required by law.

7.1 Plan Changes and Fair Use of Plan Features

You may change your subscription plan at any time through the app or your Shopify admin. Plan-based features are available while you are subscribed to a plan that includes them, and cease to be available when you move to a plan that does not.

Certain features are priced on the basis of continuous subscription rather than per-use. Accordingly, you agree not to use repeated or short-duration plan changes, uninstallation and reinstallation, multiple accounts or stores, or any similar method for the purpose of obtaining a plan feature while avoiding the subscription fee for the plan that includes it. Examples include, without limitation, subscribing to a higher-priced plan for a short period in order to process accumulated work and then immediately reverting to a lower-priced plan, and uninstalling and reinstalling the app in order to obtain a further free trial.

This provision is not intended to restrict genuine plan changes. Upgrading, downgrading, trialling a plan, or cancelling because your requirements or budget have changed is expected and permitted, and we will not treat it as a breach of these Terms. This provision applies only to a pattern of changes whose evident purpose is to obtain paid features without paying for them.

Where we reasonably believe such a pattern exists, we may contact you to discuss it, and we may disable the affected features, decline to apply plan features retroactively to previously unprocessed data, require a minimum subscription term as a condition of continued access to the affected features, or suspend or terminate the account in accordance with Section 9.

7.2 Multi-Store Groups and Revised Charges

Where you operate more than one store on SyncMyCart, those stores may be treated as a multi-store group for pricing. Pricing for a group is determined by the plans held by all stores in it: the store on the highest-priced plan is charged at the full price for that plan, and every additional store receives the multi-store discount described in our pricing policy. The current rates and the discount percentage are published on our website and form part of these Terms.

Because group pricing depends on every store in the group, adding a store, removing a store, or changing the plan on any store may change the price payable on other stores in the same group. Where that happens, we will issue a revised charge for each affected store. Shopify requires you to approve any change to a recurring charge, so a revised charge does not take effect until you approve it in your Shopify admin.

You agree to approve revised charges arising from a change you have made within 30 days of being notified. A store that continues to be billed at a multi-store discounted rate while an unapproved revision is outstanding is being charged less than the price payable for the configuration you are operating.

Where a revised charge remains unapproved more than 30 days after notification, we may remove the multi-store discount from the affected store, disable plan features that the outstanding revision relates to, or suspend or terminate the account in accordance with Section 9. We will give notice before doing so.

This provision applies only to revisions arising from changes you have made to your own stores or plans. It does not restrict your ability to change or cancel a plan at any time, and it does not apply to price changes initiated by us, which are governed by the notice provisions in this Section.

8. Included Development Services

Certain subscription plans include development services as described below. Availability of these benefits by plan is stated on our pricing page. Plans that do not include them may purchase development work under a separate quote.

8.1 Platform Integrations

Where a Customer requests support for an e-commerce or accounting platform SyncMyCart does not yet support, Provider may add a native connector for that platform at no additional charge. Whether to do so is at Provider's sole discretion, and Provider will generally decline platforms with limited applicability to other customers.

Where Provider declines to build a native connector, Provider will instead assist the Customer in importing that platform's data through SyncMyCart's CSV import facility. Provider does not commit to a delivery date for any integration.

8.2 Customer-Specific Development

On qualifying plans, a Customer may submit one development request per calendar month. Requests do not accumulate: an unused request in one month does not carry forward.

Provider assesses the effort required for each accepted request. Provider will absorb up to eight (8) hours of development effort per request at no additional charge. Where a request is assessed as requiring more than eight hours, the excess is quoted at Provider's preferential Enterprise rate of $75 per hour and requires Customer's written approval before work begins.

Provider's assessment of the effort required is final. Provider may treat related or sequential requests as a single request where they form part of the same body of work.

8.3 What Does Not Count as a Development Request

The following are provided as part of ordinary support and do not consume a Customer's monthly development request:

• Correction of defects in the Service.
• Configuration, mapping, and account setup assistance.
• Onboarding and training.
• Investigation of synchronization errors or posting failures.
• Questions about existing functionality.

8.4 Acceptance and Refusal

Provider is not obliged to accept any development request. Provider may decline a request that is technically infeasible, that would compromise the security, stability, or performance of the Service, that conflicts with Provider's product direction, or that would require access or permissions Provider does not hold. Where a request is declined, no entitlement carries forward and no credit is due.

Timing of accepted work is scheduled by agreement. Development requests are not support incidents and are not subject to the response or resolution commitments in the Service Level Agreement.

8.5 Ownership of Development Work

All software, designs, and materials produced by Provider in connection with a development request — whether provided at no charge or under quote — remain the sole property of Ubiquitous LLC. Provider may incorporate any such work into the general SyncMyCart product and make it available to other customers.

Customer receives a non-exclusive, non-transferable licence to use that work as part of the Service for the duration of its subscription, on the same terms as Section 6. Nothing in this section constitutes a work-for-hire arrangement or transfers any intellectual property to the Customer.

Where a feature is developed in response to a Customer request, Provider determines the subscription plan at which that feature is made available, and may make it available to other customers on the same or different plans.

9. Termination

We may suspend or terminate your access to the Service if:

• You violate these Terms or any applicable law.
• Your use poses a security or legal risk to us or other users.
• You engage in a pattern of plan changes, reinstallations, or account or store duplication whose evident purpose is to obtain paid plan features without paying the applicable subscription fee, as described in Section 7.1.
• A revised charge arising from a change to your own stores or plans remains unapproved more than 30 days after notification, as described in Section 7.2.
• We are required to do so by law or by a third-party service provider.

Except where the conduct is fraudulent, poses a security or legal risk, or we are required to act immediately, we will give you notice and a reasonable opportunity to resolve the matter before suspending or terminating your account under this Section.

You may stop using the Service at any time and may request account deletion as described in our Privacy Policy. Upon termination, your right to access the Service will immediately cease.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components.

11. Limitation of Liability

To the maximum extent permitted by law, SyncMyCart, Ubiquitous LLC, and their officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to the Service shall not exceed the amount you have paid to us for the Service in the twelve (12) months prior to the event giving rise to the claim, or one hundred US dollars (US$100), whichever is greater.

12. Indemnification

You agree to indemnify and hold harmless SyncMyCart, Ubiquitous LLC, and their officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Service or your violation of these Terms.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Effective date" at the top of this page. If the changes are material, we will provide additional notice as required by law. Your continued use of the Service after any changes become effective constitutes your acceptance of the revised Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Connecticut, USA, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in Connecticut, and you consent to the jurisdiction of such courts.

15. Contact Us

If you have any questions about these Terms or the Service, please contact us at:

Email: support@syncmycart.com