Terms of Service
Last updated January 20th 2020
By signing up for a Subamplify account or by using any Subamplify services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
Definitions: "Merchants" are users who run their businesses using Subamplify's software. "Users" are the same, we may interchange terminology in this document. "Customers" are customers of the merchants.
By accessing the website at https://www.subamplify.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
The materials on Subamplify's website are provided on an 'as is' basis. Subbamplify makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Subamplify does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
3. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Subamplify 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 Subamplify's service.
To the extent permitted by applicable laws, in no event shall Subamplify 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 subsidiaries, affiliates, Subamplify 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 Subamplify's 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.
Subamplify does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Subamplify does not warrant that the results that may be obtained from the use of our services will be accurate or reliable.
Subamplify does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through Subamplify's services will meet your expectations, or that any errors in Subamplify's services will be corrected.
4. General Conditions
You may not use the Subamplify's services for any illegal or unauthorized purpose nor may you, in the use of Subamplify's 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 the United States and the State of Delaware. You will comply with all applicable laws, rules and regulations in your use of Subamplify's 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 Subamplify's service, use of Subamplify's services, or access to Subamplify's services without the express written permission by Subamplify.
You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Subamplify or Subamplify trademarks and/or variations and misspellings thereof.
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.
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.
5. Accuracy of Materials
The materials appearing on Subamplify's website could include technical, typographical, or photographic errors. Subamplify does not warrant that any of the materials on its website are accurate, complete or current. Subamplify may make changes to the materials contained on its website at any time without notice. However Subamplify does not make any commitment to update the materials.
Subamplify has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Subamplify of the site. Use of any such linked website is at the user's own risk.
No refunds will be given to users of Subamplify’s software because we offer a trial period. Please make sure you end your trial via your account settings page if you don't want to continue using Subamplify when on your trial.
Transaction fees are non-refundable.
8. Cancellation and Termination
You may cancel your account at any time in the Settings area of your merchant dashboard.
Upon termination of the Services by either party for any reason:
- Subamplify will cease providing you with Subamplify's 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 Subamplify for your use of Subamplify's services through the effective date of such termination will immediately become due and payable in full; and
- your merchant store website will be taken offline.
If at the date of termination of Subamplify's 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 Subamplify service, the Terms of Service and/or your account for any reason, without notice at any time. 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, Subamplify 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 Subamplify's services.
Subamplify is not affiliated with any of the businesses running on our platform.
Subamplify are not responsible for the delivery of any products or services sold on any of the websites powered by Subamplify.
Subamplify withhold the right to suspend any users using our platform inappropriately if we deem so.
All merchants must only use assets and materials that they own the rights to. Copyright infringement will not be tolerated.
It is the merchant's responsibility to ensure their customers are kept satisfied and attended to. Subamplify promotes best business practices of honest nature.
11. Modifications to our Service and Prices
Prices for using Subamplify's services are subject to change upon 30 days’ notice from Subamplify. Such notice may be provided at any time by posting the changes to the Subamplify site (subamplify.com) or the administration menu of your Subamplify store via an announcement.
Subamplify reserves the right at any time, and from time to time, to modify or discontinue, our services (or any part thereof) with or without notice.
Subamplify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Subamplify's service.
12. Subamplify Rights
We reserve the right to modify or terminate Subamplify's services for any reason, without notice at any time. Not all Subamplify's services and features are available in every jurisdiction and we are under no obligation to make any Subamplify's 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 merchant store, or the materials uploaded or posted to a merchant store, violate these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Subamplify customer, Subamplify employee, member, or officer will result in immediate account termination.
Subamplify does not pre-screen materials and it is in our sole discretion to refuse or remove any materials from Subamplify's service, including your merchant 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 Subamplify employees and contractors may also be Subamplify customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 13) 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.
Subamplify retains the right to determine, in our sole judgment, rightful Account ownership and transfer an account to the rightful merchant store owner. If we are unable to reasonably determine the rightful merchant store owner, without prejudice to our other rights and remedies, Subamplify reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
“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. Subamplify’s Confidential Information includes all information that you receive relating to us, or to Subamplify's 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 13. 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.
14. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the materials you provide to the Subamplify service. All materials you upload remains yours. You can remove your Subamplify merchant 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 merchant store; (b) to allow Subamplify to store, and in the case of materials you post publicly, display and use your materials; and (c) that Subamplify can, at any time, review and delete all the materials submitted to its service, although Subamplify is not obligated to do so.
You retain ownership over all materials that you upload to the merchant store; however, by making your merchant store public, you agree to allow others to view materials that you post publicly to your merchant store. You are responsible for compliance of the materials with any applicable laws or regulations.
Subamplify shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your merchant store to promote Subamplify's service.
15. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the United States of America and you irrevocably submit to the exclusive jurisdiction of the courts in the state of Delaware.