Terms & Conditions

Last updated: August 18, 2021

By using or subscribing to use any services (the “Services”) offered by Treefrog Digital, you are agreeing to be bound by the following terms of service (the “Terms of Service”) and Treefrog Digital’s privacy policy (the “Privacy Policy”) published at https://commerce7.treefrogdigital.com/privacy. Any new features or tools which are added to the Services shall be also subject to the Terms of Service. Treefrog Digital reserves the right to change the Terms of Service and Privacy Policy by publishing updates to https://commerce7.treefrogdigital.com/terms and https://commerce7.treefrogdigital.com/privacy, respectively, and you should periodically check these webpages for such updates.

Use of the Services

You subscribe to our services by installing our apps from the Commerce7 App Store.
You must be at least the age of majority in your jurisdiction to use the Services.
You understand that your data may be transferred (not including credit card information) unencrypted and may involve:
1. Transmissions over various networks.
2. Changes to conform and adapt to technical requirements of connecting networks or devices.
You shall ensure that your use of the Services complies with all applicable laws and regulations.
You are responsible for all activity that occurs through your account, whether or not that activity is authorized by you.
You shall not use the Services to transmit worms, viruses, or any code of a malicious or destructive nature.
You shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of Treefrog Digital’s software or the Services without the express written permission of Treefrog Digital.
You shall not use any portion of Treefrog Digital’s brand (included but not limited to our company logo and software’s logos) without the express written permission of Treefrog Digital.
Technical support is only provided to paying Account holders and is only available via email.
You acknowledge and agree that Treefrog Digital may from time to time apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
The Services may enable you to access, interact with, or purchase products or services provided by third-parties, including from third-party websites or applications linked to or accessible through the Services. Treefrog Digital provides access to third-party services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals, or verification by Treefrog Digital of such third-party services. You acknowledge that the use of third-party services may be subject to the terms and conditions of such third-party services and that any contract entered into or transaction completed through third-party services is between only you and the relevant third-party.

Treefrog Digital Rights

Treefrog Digital reserves the right to modify or terminate the Service for any reason, without notice at any time.
Treefrog Digital reserves the right to refuse service to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Treefrog Digital customer, Treefrog Digital employee, member, or officer will result in immediate Account termination.

Intellectual Property

You hereby grant Treefrog Digital a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right and license to use and share all customer data that Treefrog Digital may obtain through accessing your websites, accessing the websites of your customers, providing the Services, and accessing data from third-parties regarding your customers’ use of third-party applications or third-party web services or other third-party content (including analytics data and any unique account identifiers) for the limited purposes of:
1. Providing support services and other services to your customers;
2. Improving Treefrog Digital’s software and the Services;
3. Performing analyses related to Treefrog Digital’s Software and your customers’ use of Treefrog Digital’s software and the Services; and
4. Conducting marketing and/or advertising campaigns.
The foregoing license includes the right for Treefrog Digital to develop and publish insights regarding aggregated data but only when the data has been aggregated or de-identified so that such insights cannot reasonably be used to identify end-users or your customers.
You hereby grant Treefrog Digital a non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your store to promote the Services.
You acknowledge and agree that Treefrog Digital (or its licensors) own all right, title, and interest in and to the Services, including any intellectual property rights in the Services (whether those rights are registered or not, and wherever in the world those rights may exist). Treefrog Digital (or its licensors) own all right, title, and interest in and to any enhancements, modifications, design changes, software updates, and supplements related to the Services, even if paid for by you.

Payment

Treefrog Digital services are available by paying a monthly subscription fee (“Subscription Fees“). In the event you subscribe for a paid monthly plan you agree to pay the corresponding Subscription Fees and the billing will appear in your Commerce7 Billing.You will pay any fees related to your purchase from Treefrog Digitals of any Products or Services, including, but not limited to, taxes and duties and third-party application fees.

Limitation of Liability

You expressly understand and agree that Treefrog Digital or any of its owners, affiliates, officers, directors, employees or agents shall 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 resulting from the use of or inability to use the service.
In no event shall Treefrog Digital or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Treefrog Digital 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 your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third-party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
Service is “as is” so it may have errors or interruptions and Treefrog Digital provides no warranties.
Treefrog Digital does not warrant that the quality of any services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Cancellation and Termination

A breach or violation of the Terms of Service, as determined in the sole discretion of Treefrog Digital, will result in an immediate termination of the Service.
Treefrog Digital reserves the right to terminate your Service at any time in its sole discretion.
If you wish to cancel the Service, you can do so from the Apps and Extension page in Commerce7.
Upon termination of your Account by either party for any reason:
1. Treefrog Digital will cease providing you with the Services, and you will no longer be able to access the application.
2. You will not be entitled to any refunds of any fees paid to Treefrog Digital, pro rata or otherwise.
3. Any outstanding balance owed to Treefrog Digital for your use of the Services through the effective date of such termination will immediately become due and payable in full.

Change of Services and Fees

Treefrog Digital may change the fees charged for the Services upon 30 days’ notice. Such notice may be provided at any time by posting the changes to Treefrog Digital’s website at commerce7.treefrogdigital.com.
Treefrog Digital reserves the right to modify or discontinue the Services (or any part thereof) at any time with or without notice.
Treefrog Digital shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.

General

You are responsible for providing your end users with copies of the Terms and Conditions and the Privacy Policy.
These Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws. Any dispute or claim arising out of or in connection with the Terms of Service will be dealt with the exclusive jurisdiction of the courts of the Province of British Columbia.
The failure of Treefrog Digital to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitute the entire agreement between you and Treefrog Digital and govern your use of the Services, superseding any prior agreements between you and Treefrog Digital (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service may be sent to support@treefrogdigital.com.