Terms of Service
Last updated on: July 9, 2020
By signing up for a iMonetize Account (as defined in Section 1) or by using any iMonetize 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” and “iMonetize” means the applicable iMonetize Contracting Party (as defined in Section 4 below).
The services offered by iMonetize under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by iMonetize are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.imonetize.co/terms-of-service. iMonetize reserves the right to update and change the Terms of Service by posting updates and changes to the iMonetize website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
Everyday language summaries are provided for convenience only and appear in bold under 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 iMonetize or any iMonetize services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- To access and use the Services, you must register for a iMonetize account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. iMonetize may reject your application for an Account, or cancel an existing Account, for any reason, in 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 and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by iMonetize for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that iMonetize 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.
- You are responsible for keeping your password secure. iMonetize cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of iMonetize may result in an immediate termination of your Services.
You are responsible for your Account and any Materials you upload to the iMonetize Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 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 shall 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 iMonetize Store can only be associated with one Store Owner. A Store Owner may have multiple iMonetize Stores. “Store” means the online store or physical retail location(s) associated with the Account.
2.2 Domain Names
- Upon purchasing a domain name through iMonetize, domain registration will be preset to automatically renew each year so long as your iMonetize Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
Only one person can be the “Store Owner”, usually the person signing up for the iMonetize 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 are with various third parties.
Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
- Technical support in respect of the Services is only provided to iMonetize Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Zurich, Switzerland and the laws of Switzerland applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that iMonetize may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on iMonetize’s website, available at https://www.imonetize.co/terms-of-service/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to iMonetize’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
- You may not use the iMonetize 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), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- 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 iMonetize.
- You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use iMonetize or iMonetize trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to iMonetize Support.
- You understand that your Materials (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
- 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, iMonetize’s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
- 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 iMonetize’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.imonetize.co/terms-of-service/ will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by iMonetize (acting in its sole discretion) or as required by applicable law.
- All the terms and provisions of the Terms of Service shall 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. iMonetize shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall 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 iMonetize’s prior written consent, to be given or withheld in iMonetize’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.
- Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.
The iMonetize service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use iMonetize’s APIs, you will comply with our API terms.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. iMonetize Contracting Party
If the billing address of your Store is located in the United States or Canada, this Section 4(1) applies to you:
a. “iMonetize Contracting Party” means iMonetize Inc., a Canadian corporation, with offices located at 150 Elgin Street, Suite 800, Ottawa, Ontario, K2P 1L4.
b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
If a dispute arises you may bring an action, depending on your location, in either the Province of Ontario (Canada), Ireland or Singapore depending upon your location.
5. iMonetize Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any iMonetize customer, iMonetize employee, member, or officer will result in immediate Account termination.
- iMonetize does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that iMonetize employees and contractors may also be iMonetize customers/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, your status as an employee of an entity, etc.
- iMonetize retains the right to determine, in our sole judgment, 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, iMonetize reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a iMonetize account, we can freeze the account or transfer it to the rightful owner, as determined by us.
“Confidential Information” shall include, but shall 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. iMonetize’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 shall 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 shall 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 shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall 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.
Both you and iMonetize agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
7. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, iMonetize 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.
- To the extent permitted by applicable laws, in no event shall iMonetize 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, iMonetize 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 (including the AUP), or your violation of any law or the rights of a third party.
- 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.
- iMonetize does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- iMonetize does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- iMonetize 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.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
8. Waiver, Severability, and Complete Agreement
The failure of iMonetize to exercise or enforce any right or provision of the Terms of Service shall 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 shall 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 shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and iMonetize and govern your use of the Services and your Account, superseding any prior agreements between you and iMonetize (including, but not limited to, any prior versions of the Terms of Service).
If iMonetize chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and iMonetize don’t apply if they conflict with these terms.
9. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the iMonetize Service. All Materials you upload remains yours. You can remove your iMonetize Store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow iMonetize to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that iMonetize can, at any time, review and delete all the Materials submitted to its Service, although iMonetize is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- iMonetize shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
Anything you upload remains yours and is your responsibility.
10. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting iMonetize Support and then following the specific instructions indicated to you in iMonetize’s response.
- Upon termination of the Services by either party for any reason:
- iMonetize 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 iMonetize for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Store website will be taken offline.
- If you purchased a domain name through iMonetize, 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 at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the iMonetize Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, iMonetize may suspend or terminate your Account 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.
To initiate a termination contact Support. iMonetize will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through iMonetize 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 change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
11. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from iMonetize. Such notice may be provided at any time by posting the changes to the iMonetize Site (imonetize.co) or the administration menu of your iMonetize Store via an announcement.
- iMonetize reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
- iMonetize shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
12. Feedback and Reviews
iMonetize welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall 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 iMonetize be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to iMonetize (whether submitted directly to iMonetize or posted on any iMonetize hosted forum or page), you waive any and all rights in the Feedback and that iMonetize is free to implement and use the Feedback if desired, as provided by you or as modified by iMonetize, 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 iMonetize 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. iMonetize 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.
13. Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, iMonetize’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.