Terms & Conditions

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Terms & Conditions

Last Modified: 08 September 2023

Welcome to Budplug! By signing up for a Budplug Account (as defined in Section 1) or by using any Budplug Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us”, “our” and “Budplug” means the applicable Budplug Contracting Party (as defined in Section 13 below), and “you” means the Budplug User (if registering for or using a Budplug Service as an individual), or the business employing the Budplug User (if registering for or using a Budplug Service as a business) and any of its affiliates.

Budplug provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces, and other online locations (“Online Services”) and in person (“POS Services”)), manage products, inventory, payments, fulfillment, shipping, business operations, marketing, and advertising, and engage with existing and potential customers. Any such service or services offered by Budplug are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.getbudplugged.com/terms-of-service.

You must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Budplug’s Acceptable Use Policy (“AUP”) and Privacy Policy, the Budplug API License and Terms of Use (“API Terms”), and the Budplug Data Processing Addendum (“DPA”) before you may sign up for a Budplug Account or use any Budplug Service.

Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Budplug or any of Budplug’s services, you are agreeing to these terms. Be sure to occasionally check back for updates.

Account Terms

To access and use the Services, you must register for a Budplug account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Budplug may reject your application for an Account or cancel an existing Account for any reason, at our sole discretion.

You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside or of age by the locality in which you use the Services to open an Account.

You confirm that you are receiving any Services provided by Budplug for the purposes of carrying on a business activity and not for any personal, household, or family purpose.

You acknowledge that Budplug will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Budplug, and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Budplug can only be authenticated if they come from your Primary Email Address.

You are responsible for keeping your password secure. Budplug cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

Technical support in respect of the Services is only provided to Budplug Users. Questions about the Terms of Service should be sent to Budplug Support.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Budplug.

You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Budplug’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, or otherwise reverse engineer the Services.

You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.

You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products, or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Budplug or its affiliates.

Which Means

You are responsible for your Account, the Materials you upload to the Bud Plug Service and the operation of your Bud Plug Store. If you violate Bud Plugs terms of service, we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.You are responsible for your Account, the Materials you upload to the Bud Plug Service and the operation of your Bud Plug Store. If you violate Bud Plugs terms of service, we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.

Account Activation

Store Owner

Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address, and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Your Budplug Store can only be associated with one Store Owner. A Store Owner may have multiple Budplug Stores. You agree to use Budplug Checkout for your store. “Store” means the online store provided & hosted on your behalf by Budplug, or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

On Budplug, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).

The Store Owner is responsible for:

(a) ensuring its employees, agents, and subcontractors, including via Staff Accounts, comply with these Terms of Service; and

(b) any breach of these Terms of Service by the Store Owner’s employees, agents, or subcontractors.

The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.

The Store Owner and the users under Staff Accounts are each referred to as a “Budplug User”.

2.3 Rethink Payments & Budplug Payments Accounts

Upon completion of sign up for the Service, Budplug will create a Rethink account on your behalf, using your Primary Email Address.

You acknowledge that Rethink Pay will process your payments with Budplug listed as your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.

For the avoidance of doubt, Rethink Pay is a Third-Party Service, as defined in Section 9.7.1 of these Terms of Service.

2.4 Apple Pay for Safari Account

Upon completion of sign up for the Service, Budplug / Rethink will create an Apple Pay (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Budplug may activate your Apple Pay account on your behalf; otherwise, you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third-Party Service, as defined in Section 9.7.1 of these Terms of Service.

If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Store using Apple Pay.

By using Apple Pay on your Store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: https://www.getbudplugged.com/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your Store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, deactivate your Apple Pay account and do not continue to use Apple Pay on your Store.

2.6 Google Pay

Upon completion of sign up for the Service, if you have been enrolled in Rethink Payments, Budplug will also create a Google Pay account on your behalf. If you do not wish to keep your Google Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Pay is a Third-Party Service, as defined in Section 9.7.1 of these Terms of Service.

If you use a Google Pay supported payment gateway and your customers have enabled Google Pay, customers may purchase goods and services from your Store using Google Pay.

By using Google Pay on your Store, you are agreeing to be bound by the Google Pay API Terms of Service, as they may be amended by Google from time to time. If Google amends the Google Pay API Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Such amendments to the Google Pay API Terms of Service are effective as of the date of posting. Your continued use of Google Pay on your Store after the amended Google Pay API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Pay API Terms of Service. If you do not agree to any changes to the Google Pay API Terms of Service, deactivate your Google Pay account and do not continue to use Google Pay on your Store.

2.7 Domain Names

Upon purchasing a domain name through Budplug, domain registration will be preset to automatically renew each year so long as your Budplug Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

WHICH MEANS

Only one person can be the “Store Owner,” usually the person signing up for the Budplug Service. The Store Owner is responsible for the Account, is bound by these Terms of Service, and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to Rethink Pay, Apple Pay, Google Pay. Any domain you purchase through us will automatically renew unless you opt out.

Bud Plug Rights

The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times, and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

Bud Plug does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bud Plug employee, member, or officer will result in immediate Account termination.

We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Bud Plug employees and contractors may also be Bud Plug customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.

Bud Plug reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Bud Plug reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

Bud Plug has the right to control who we make our Services available to, and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Bud Plug Account, we can freeze a Bud Plug Account or transfer it to the rightful owner, as determined by us.

Your Responsibilities

You acknowledge and agree to provide public-facing contact information, a refund policy, and order fulfillment timelines on your Budplug Store.

You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your Budplug Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials, and the goods and services you sell through the Services will be true, accurate, and complete and will not violate any applicable laws, regulations, or rights of third parties. For the avoidance of doubt, Budplug will not be the seller or merchant of record and will have no responsibility for your Store or items sold to customers through the Services.

You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers, or promotional content), including compliance with any applicable laws or regulations.

You may not use the Budplug Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.

The API Terms govern your access to and use of the Budplug API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.

You agree to use Budplug Checkout for any sales associated with your online store. “Budplug Checkout” means Budplug’s sales platform provided to Sellers, allowing Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the Budplug Checkout API.

WHICH MEANS

You are responsible for your Budplug Store, the goods, or services you sell, and your relationship with your customers, not us. If you access the Budplug API, your use of the Budplug API is subject to the API Terms.

Payment of Fees and Taxes

You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Rethink Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Budplug Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees, and the Additional Fees are referred to as the “Fees”.

You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Budplug will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Budplug will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.

Subscription Fees are paid in advance and will be billed in 30-day or 12-month intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Budplug’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the Primary Email Address provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Budplug reserves the right to terminate your Account in accordance with Section 14.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”).

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Budplug’s products and services. To the extent that Budplug charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Budplug of your exemption. If you are not charged Taxes by Budplug, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

For the avoidance of doubt, all sums payable by you to Budplug under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Budplug to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Budplug will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges, and additional charges that arise from or as a result of any sale on your Budplug Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.

You must maintain an accurate location in the administrative console of your Budplug Store. If you change jurisdictions, you must promptly update your location in the administrative console.

Budplug does not provide refunds.

WHICH MEANS

A valid payment method (such as a credit card) must remain on file to pay all service fees, including the subscription, transaction, and additional fees required for all stores. You will be billed for your Subscription Fees every 30 days or on an annual basis. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process payment of Fees using your payment method, we may make subsequent attempts to process payment of Fees using your payment method. If payment of Fees is unsuccessful within 28 days of our initial attempt to process payment, Budplug may freeze your store. You are responsible for all taxes relating to your Store or use of the Services. You are required to remit Taxes to your local taxing authority. No refunds, No Exceptions.

Confidentiality

“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans, and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Budplug’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain or was already known by or in the possession of the receiving party at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

You expressly understand and agree that, to the extent permitted by applicable laws, Bud Plug and its suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bud Plug partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.

You will be responsible for any breach of the Terms of Service by your affiliates, agents, or subcontractors and will be liable as if it were your own breach.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Bud Plug does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Bud Plug does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. Bud Plug is not responsible for any of your tax obligations or liabilities related to the use of Bud Plug’s Services. Bud Plug does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS

We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement, or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties, and our liability is limited in the event of errors or interruptions.

Intellectual Property and Your Materials

8.1 Your Materials

We do not claim ownership of the Materials you provide to Bud Plug; however, we do require a license to those Materials. You grant Bud Plug a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of Bud Plug and agree that this waiver may be invoked by anyone who obtains rights in the materials through Bud Plug, including anyone to whom Bud Plug may transfer or grant (including by way of license or sublicense) any rights in the Materials.

If you owned the Materials before providing them to Bud Plug then, despite uploading them to your Bud Plug Store, they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Bud Plug Store at any time by deleting your Account. Removing your Bud Plug Store does not terminate any rights or licenses granted to the Materials that Bud Plug requires to exercise any rights or perform any obligations that arose during the Term.

You agree that Bud Plug can, at any time, review and delete any or all of the Materials submitted to the Services, although Bud Plug is not obligated to do so.

You grant Bud Plug a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Bud Plug requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2 Bud Plug’s Intellectual Property

You agree that you may not use any trademarks, logos, or service marks of Bud Plug, whether registered or unregistered, including but not limited to the word mark Bud Plug, and the “Pot Leaf” and shopping bag design mark (“Bud Plug Trademarks”) unless you are authorized to do so by Bud Plug in writing. You agree not to use or adopt any marks that may be considered confusing with the Bud Plug Trademarks. You agree that any variations or misspellings of the Bud Plug Trademarks would be considered confusing with the Bud Plug Trademarks.

You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Bud Plug or Bud Plug Trademarks or that use or include any terms that may be confusing with the Bud Plug Trademarks.

You acknowledge and agree that the Terms of Service do not give you any right to implement Bud Plug patents.

WHICH MEANS

Anything you upload remains yours (if it was yours) and is your responsibility, but Bud Plug can use and publish the things you upload. Anything uploaded to Bud Plug remains the property and responsibility of its initial owner. However, Bud Plug will receive a license of materials published through our platform that we may use to operate and promote our Services.

Additional Services

9.1 POS Services

In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Bud Plug POS software (“POS Software”), programs, documentation, apps, tools, internet-based services and components, Bud Plug POS hardware (“POS Equipment”) and any updates thereto provided to you by Bud Plug.

Access to and use of the POS Services requires that you have an active and valid Account.

If your POS Services are enabled with Bud Plug Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must be the same as that used for your Online Services, if applicable.

You cannot terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).

You agree to use the POS Services in accordance with all procedures that may be provided by Bud Plug from time to time.

While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.

POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, POS Equipment Agreement and Return Policy, applicable to your country. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. Returns and refunds are not available for the POS Hardware.

The Fees for POS Services will be determined based on the number of locations at which you are using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the Bud Plug web administrative console associated with your Account. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular billing cycle. In the event of any discrepancy between the number of locations added by you through the Bud Plug web administrative console and the number of locations detected by Bud Plug, the number of locations detected by Bud Plug will be deemed to be correct.

WHICH MEANS

If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. While we take data security very seriously, we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS System are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment which is non-refundable.

9.2 SMS Messaging

The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Terms of Service, any other applicable terms (including Twilio’s Acceptable Use Policy, as may be amended from time to time), and the laws of the jurisdiction from which you send messages, and in which your messages are received.

WHICH MEANS

When you use our SMS Services, you must comply with our terms, the acceptable use policies of the SMS providers, and the law.

9.3 Bud Plug Email

You may generate or send email from your Account using the Bud Plug email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Bud Plug’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:

Bud Plug employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Bud Plug’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant Bud Plug the right to employ such Content Scanning. Bud Plug does not warrant that the Email Services will be free from Threats, and each Bud Plug merchant is responsible for all content generated by their respective Stores.

BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). Bud Plug, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.

  • Your use of the Email Services must comply with all applicable laws.
  • Your use of the Email Services must comply with Bud Plug’s Privacy Policy.
  • You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services.
  • Your use of the Email Services must follow all applicable guidelines established by Bud Plug.

Bud Plug Email Services utilize Third Party Providers, including Google (an Alphabet Company). Your use of the Email Services is subject to Google’s Acceptable Use Policy as it may be amended by Alphabet from time to time.

WHICH MEANS

By using the Email Services, you agree that Bud Plug may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.

9.4 Third Party Services

Bud Plug may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.

Any use by you of Third-Party Services offered through the Services or on Bud Plug’s website is entirely done at your own risk and discretion it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them.

In some instances, Bud Plug may receive a revenue share from Third Party Providers that Bud Plug recommends to you or that you otherwise engage through your use of the Services.

We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Bud Plug has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services on Bud Plug’s websites, or the integration or enabling of such Third-Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Bud Plug.

Bud Plug does not guarantee the availability of Third-Party Services and you acknowledge that Bud Plug may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. Bud Plug is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. Bud Plug strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates, you should charge to your customers.

If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Bud Plug is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third-Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.

WHICH MEANS

We are not responsible for third party services, so use them at your own risk. If you choose to use Third Party Services on the Bud Plug platform, you consent to us sharing your data (and potentially the data of your customers) with those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

9.8 Beta Services

From time to time, Bud Plug may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta feature that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which Bud Plug will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Bud Plug Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Bud Plug’s prior written consent. Bud Plug makes no representations or warranties that the Beta Services will function. Bud Plug may discontinue the Beta Services at any time in its sole discretion. Bud Plug will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Bud Plug may change or not release a final or commercial version of a Beta Service in our sole discretion.

WHICH MEANS

Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time. You use Beta Services at your own risk, and we are not responsible for any losses or harm that might come from using a Beta Service. You may be required to keep your participation in the Beta Services confidential.

9.9 Pixel Manager

Bud Plug allows you to add pixels to your Bud Plug Store to enable you or a third party to track customer events (the “Pixel Manager”). You may manage your pixels from within the user interface in the administrative console of your Bud Plug Store.

In addition to the terms applicable to your use of the Services generally (including these Terms of Service, Bud Plugs Acceptable Use Policy, and Privacy Policy), the following terms apply to your access to and use of the Pixel Manager:

  • You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track.
  • If you provide Bud Plug with any data collected using pixels, including names, email addresses, phone numbers, or other data that personally identifies an individual, you will obtain all necessary rights and consents prior to providing Bud Plug with the foregoing information.
  • You agree that Bud Plug may disable any pixels that Bud Plug identifies as malicious, in Bud Plug’s sole discretion; and
  • You will not, and will not allow any third parties to, use pixels.
    • to engage in or promote any unlawful, infringing, defamatory, or otherwise harmful activity; or
    • to disable, interfere with, or circumvent any aspect of the Services.
  • Bud Plug may collect information associated with the Pixel Manager, such as how pixels are used, and how and what scripts are added. Bud Plug may use this data to improve, maintain, protect and develop the Pixel Manager.

WHICH MEANS

The Bud Plug Pixel Manager enables you or a third party to track customer events by adding pixels to your Bud Plug Store. If you use the Bud Plug Pixel Manager, you are responsible for obtaining all necessary consents from store visitors and customers whose events you track.

Feedback and Reviews

Bud Plug welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services, or any Third-Party Provider (collectively, “Feedback”) to Bud Plug be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Bud Plug (whether submitted directly to Bud Plug or posted on any Bud Plug hosted forum or page), you waive any and all rights in the Feedback and that Bud Plug is free to implement and use the Feedback if desired, as provided by you or as modified by Bud Plug, without obtaining permission or license from you or from any third party. Any reviews of a Third-Party Service or Third-Party Provider that you submit to Bud Plug must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Bud Plug reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third Party Providers but does not regularly inspect posted Feedback.

WHICH MEANS

We welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of third parties remain confidential and we can use the feedback in any way we want.

DMCA Notice and Takedown Procedure

Bud Plug supports the protection of intellectual property and asks Bud Plug merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Bud Plug’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

WHICH MEANS

Bud Plug respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your Store. If you don’t think the claim is valid, you can send a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send Bud Plug a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

Privacy and Data Protection

Bud Plug is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Bud Plug’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

To the extent that Bud Plug processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Bud Plug’s collection and use of personal information is also subject to our Data Processing Addendum.

WHICH MEANS

Bud Plug’s use and collection of personal information are governed by our Privacy Policy. Bud Plug’s use and collection of customer personal information are further governed by our Data Processing Addendum.

Bud Plug Contracting Party

If the billing address of your Store is in the United States or Canada, this Section 13(1) applies to you:

“Bud Plug Contracting Party” means Bud Plug Inc., a Maine corporation, with offices located at 61 Main St, Suite 63, Bangor, ME 04402.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Bangor Maine with respect to any dispute or claim arising out of or in connection with the Terms of Service.

Term and Termination

The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).

You may cancel your Account and terminate the Terms of Service at any time by contacting Bud Plug Support and then following the specific instructions indicated to you in Bud Plug’s response.

Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.

Upon termination of the Services by either party for any reason:

  • Bud Plug will cease providing you with the Services, and you will no longer be able to access your Account.
  • Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise.
  • Any outstanding balance owed to Bud Plug for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  • Your Bud Plug Store will be taken offline.

If you purchased a domain name through Bud Plug, upon cancellation, your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

WHICH MEANS

To initiate a termination, you must contact Support. Bud Plug will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Bud Plug will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may terminate your account at any time.

Modifications

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Bud Plug administrative console, or by similar means. However, Bud Plug may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.

Bud Plug may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Bud Plug administrative console, or by similar means. Bud Plug will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services (or any part thereof).

WHICH MEANS

If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).

General Conditions

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Bud Plug and govern your use of the Services and your Account, superseding any prior agreements between you and Bud Plug (including, but not limited to, any prior versions of the Terms of Service).

The failure of Bud Plug to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.

Save for Bud Plug and its affiliates, you or anyone accessing Bud Plug Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.

The Terms of Service will be governed by and interpreted in accordance with the laws of the Maine, without regard to principles of conflicts of laws.

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Bud Plug’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.getbudplugged.com/terms-of-service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Bud Plug (acting in its sole discretion) or as required by applicable law.

All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. Bud Plug will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service or any of your rights or obligations hereunder to any third party without Bud Plug’s prior written consent, to be given or withheld in Bud Plug’s sole discretion.

If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal, or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9.7(8)-(10) (Third Party Services), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Bud Plug Contracting Party), 14 (Cancellation and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.

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