PLEASE READ THIS TERMS OF SERVICE CAREFULLY
By using the ShopKeep.com, ShopKeepapp.com or any of the ShopKeep.com Inc. operated websites (“Services”) or by downloading and installing the Patent Pending ShopKeep Register application (“Licensed Software”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ShopKeep.com Inc. reserves the right to update or change these Terms of Service at any time and without notice. Any additional features and functions that are added to the Service will be subject to the Terms of Service. Continued use of the Service after any such change shall constitute your consent to such changes. You can review the most recent version of the Terms of Service at ShopKeep.com/terms.
Violation of any of the terms below will result in the termination of your account. Upon termination of your account you must destroy all copies of any licensed software which has been installed on your local computer.
You agree to use the service at your own risk.
Account Terms
1. You must be 13 years or older to use this Service.
2. You must be a human resident of the United State of America or Canada. No “bot” or other automated systems may be account holders.
3. You must provide a legal full name, valid email address and any other information requested in order to complete the sign up process.
4. You are responsible for maintaining the security of your login and password. ShopKeep cannot be held responsible for any loss or damage from your failure to comply with your security obligation.
5. You may not use the service for any illegal or unauthorized purpose. You must not use this Service to violate any laws in your juristiction (including but not limited to copyright laws)
Payment and Refund Terms
1. Billing is done at the end of each 30 day period and you must provide a valid US issued credit card in order to use our service.
3. Accounts are billed at the end of each 30 day period and the charge is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused. No exceptions will be made to this rule in order for us to treat all of our customers fairly.
4. All fees are exclusive of any and all taxes imposed by taxing authorities and you shall be responsible for payment of all such taxes excluding only US (federal or state) taxes.
5. ShopKeep.com Inc. reserves the rights to at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
6. Prices of the Services are subject to change at anytime with 30 days notice. We will let you know by any or all of the following: 1. email 2. posting to ShopKeep.com 3. posting inside the service.
7. ShopKeep.com Inc. shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Evaluation Period
The evaluation period is 30 days long and allows you to try the all features of ShopKeep with 1 register. You can change plans to add features for your evaluation but you may only use 1 register. Within that 30 day period you can cancel your account without any charge by clicking the Account Settings page and then clicking the link to cancel your account.
Adding additional registers will end your evaluation period and you will be charged at the end of the period for using those registers even if you cancel your account before the 30 days are up.
Upgrades and Downgrades
1. When you downgrade you will automatically be charged the new price level on your next billing cycle. Upgrading will be charged on the current cycle.
2. Downgrading your service may result in the loss of data, features or content and ShopKeep.com Inc. does not accept liability for such loss.
Cancellation and Termination
1. You and you alone are responsible for properly canceling your account in the system on the Account link. We will not accept a phone call or email request for cancellation.
2. Your data will be immediately and permanently deleted from the Service upon cancellation. Please take the steps to export all your data to your local machine before you cancel.
3. If you cancel before the end of the current billing cycle you will be billed immediately for the last time.
4. ShopKeep.com Inc., 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. ShopKeep.com Inc. reserves the right to refuse service to anyone for any reason at any time.
Copyright and Licensed Software
1.The Patent Pending Register software folder and all the files inside which is installed locally on your machine is copyright © 2008-2011 ShopKeep.com Inc. The look and feel of ShopKeep.com and ShopKeepapp.com BackOffice are also copyright © 2008-2011 ShopKeep.com Inc. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, or software code without express written permission from ShopKeep.com Inc.
2. Shopkeep.com shall retain the ownership of the Patent Pending Register software (referred to as a single entity, or as components, as “the Licensed Software”) which is licensed on a non-exclusive basis to you the “Licensee” for use under the following conditions.
PERMITTED USES: Subject to the terms hereunder, ShopKeep.com hereby grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the ShopKeep.com website solely for the benefit of Licensee and not for any third party.
PROHIBITED USES/YOU MAY NOT: (a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the Shopkeep.com website, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without ShopKeep.com Inc.’s prior written approval, (e) resell, rent or otherwise provide access to ShopKeep.com to a third party or (f) take any action in an attempt to obtain other user’s data, cause malfunction, crash or otherwise impair the ShopKeep.com website. Any rights not expressly granted hereunder are reserved by Shopkeep.com.
3. Licensee agrees that the Licensed Software is the confidential information of ShopKeep.com Inc. and agrees not to disclose such software to any third party.
Content and Data
1. Your data belongs to you and can be exported at any time on the reports tab.
2. By using our Service you hereby grant permission to ShopKeep.com Inc. to use your data for providing your account, improving and maintaining the ShopKeep.com and ShopKeepapp.com websites and for analytical purposes in a manner where such data is agregated with other users.
3. Your data when aggregated with data from other Accounts belongs to ShopKeep.com Inc.
General Conditions
1. Your use of the Service is at your sole and absolute risk. The Service is provided on an “as is” and “as available” basis.
2. In no event will ShopKeep.com Inc. be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or inablity to use the Service or Licensed Software, even if advised of the possibility of such damages. Specifically ShopKeep.com Inc. is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of the use of the product, loss of data, the cost of recovering data, or claims by third parties, or for other similar costs.
3. ShopKeep.com Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the services will be corrected.
