The following terms and conditions of use (“terms”) are a legal document designed to protect the rights of you, our customer (“you”) and the rights of Nitra LLC (“we” or “us”), with regards to your use of the Stockist service, software, documentation, website(s), and incidental intellectual property (the “service”). Using the service constitutes acceptance of these terms as well as acceptance of our Privacy Policy — if you do not consent to these terms, please contact us to have your account cancelled and further charges against your account stopped.
You should read this entire document, because it is a contract and you are bound by the entire contract. However, for your convenience we have summarized a few of the most important terms:
The Stockist service allows you to place, on a web page or web pages operated by you, a store locator widget in which visitors to your web page(s) may search for storefronts or other physical locations near a specified area and may view results in a list and/or or map (a “widget”). The widget is placed on your site either through a script we provide or via custom code which interacts with our service programmatically. The database of searchable locations for your widget(s) is managed by you through our website or other means which we may provide.
For the purposes of this agreement, the term widget also applies to any system or scripts that you may operate (or that someone may operate on your behalf) which access the service through Application Programming Interfaces (APIs) or other mechanisms that we may provide.
You may not use the service if you are under 13 years of age.
These Terms of Service are available online at https://stockist.co/terms. We may update them at any time, with no notice to you, and such new Terms of Service will be considered in effect as of the date they are updated. Use of the service after we have updated these terms constitutes acceptance of the new Terms of Service.
You must register an account to use the service. You agree to provide accurate and complete information when you register and to keep such information up to date. You consent that we may access information related to your account to provide you with support, for system maintenance, or for any other business purpose.
In return for your use of the service, you agree to pay us a monthly or annual fee, in advance, for your use of the service. The fee depends on which subscription plan you sign up for, and is disclosed prominently on the interface of the website.
We may offer a stated free trial period in which you may use the service without making a payment. If you do not cancel your account before the conclusion of the free trial period, we will charge your credit card for the next month’s (or year’s) fee upon the conclusion of the trial period. You will be charged thereafter on a monthly (or annual) basis unless and until you cancel your plan or we terminate it in accordance with these terms.
If our attempt to collect payment fails, we will attempt to notify you and may automatically reattempt to collect payment. We reserve the right to terminate your access to the service for failure to pay applicable fees.
We may make our services available for purchase through certain third-party app stores (e.g. the Shopify app store). If you purchase service through a third-party app store, payment for our services must be made directly to the third-party provider and is made under your separate agreement with that provider. In such cases the above Payment section will not apply to your use of the service. All other provisions of this agreement remain intact, including our ability to terminate your use of the service at any time.
There are multiple subscription levels. The level you subscribe to determines the fee you must pay, what features of the service you may use, and how much of some particular features you may use (a quota). When you sign up, a default subscription level may be chosen for you, and you may update the level at any time through our website.
We reserve the right to change subscription level features, quotas, and pricing at any time, with or without notice. We pledge that, in the case of quotas and pricing, if a change would be detrimental to you, we will allow you to continue with your previous quota and pricing for a period of at least three months from the date you are notified of the change. We specifically do not warrant that all features currently in the service will continue to be in the service indefinitely. Quota has no value, does not accrue over time, and is not refundable if not used.
For customers who both (i) reside in the state of Washington in the United States (as determined upon the date of billing by the zip code associated with your account), and (ii) purchase services directly from us via credit card subscription, fees advertised for the service are inclusive of tax and we will remit appropriate sales taxes to the Washington Department of Revenue.
For all other customers, including all customers purchasing service via a third-party app store, no taxes are included in advertised service fees and you are responsible for paying any applicable sales or use tax owed.
All rights in the Stockist service, software, website, and related documentation are owned and/or licensed by us. You are hereby granted a non-exclusive right to make use of the service, and (if appropriate) to interoperate with the service through such mechanisms as we may provide for you to do so, in consideration of your payment of the monthly or annual service fee. Your license to use the service does not entitle you to ownership of the underlying intellectual property.
You hereby grant us, and agree to grant us, a royalty-free, non-exclusive, irrevocable, limited right and license to access the web page(s) on which you display our widget or use our services and to collect any information concerning visitors’ actions or activities on the widget within your web page(s), for (i) providing you with reports and other functions related to the service; (ii) analyzing and improving the service; and/or (iii) compiling aggregate data derived from your use of the service to compile statistics, metrics, insights and general trend data about the service for, among other things, marketing and promotional purposes.
You represent and warrant that you have all rights, licenses, and consents required to license the aforementioned data to us on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
By submitting any software, information, data, databases, photographs, images, documents, text, digital files or other material ("material") to the service, you hereby grant us an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display all or any portion of the material on our services. You further represent and warrant that you own all rights to such material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.
You acknowledge that any material you submit to the service may be modified or removed at our sole discretion. However, we will not be responsible for controlling or editing any material and cannot ensure prompt removal of inappropriate or unlawful material.
You agree that we can use your company name and/or logo in our advertising unless and until you tell is in writing not to (for example, by submitting a support ticket stating so).
We will make reasonable efforts to remove your data from our service upon request, however, you acknowledge that the nature of the technology underlying the service (for example, the use of content distribution networks and server backup systems) may prevent us from entirely deleting any data you have submitted and will not hold us liable for the failure to delete such data.
You are forbidden from:
Taking any forbidden action with the service immediately terminates your license to use the service.
Your account should be accessed only by you or third parties whom you authorize. Any third parties you authorize to access your account must also agree to be bound by these terms of use. You are responsible for keeping your password secure and are strictly liable for any activity that occurs under your account.
We make commercially reasonable efforts to bar access to the service from unauthorized third parties, but you understand and agree that no system is entirely impenetrable and that we cannot guarantee the absolute security of information you provide to us, information collected on your behalf, or information we may collect about you in the course of your use of the service.
We may terminate or deny your use of the service at any time, for any reason. Accordingly, we may, but have no obligation to, remove accounts and content containing what we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable material. In the event of termination you may lose all data related to your account. You may cancel your use of the service at any time, either through the service itself or by sending an email to us. Regardless of which party terminates the use of the service, unused time immediately expires, and is not eligible for a refund except as described below.
We will refund any subscription payment you make as long as you request such a refund within 30 days from the date the transaction was made. Refunds requested after that period, or for non-subscription transactions such as custom development or consulting services, will be at our sole discretion.
We make commercially reasonable attempts to protect the privacy of data you enter into the service. This includes encryption of data between you and the service, reasonable efforts to secure the machines the service operates on, and legal and technical means to restrict access to data to only persons authorized by you or us. We do not warrant that these measures will necessarily satisfy any particular legal requirement in your jurisdiction.
We will obey lawful instructions to disclose information issued by any competent jurisdiction.
We may make available aggregate or statistical usage information about the service (for example, the number of queries per hour or day, or aggregate geographical information about queries), and/or compile reports based on such information, and we may make such information available to third parties and/or the public, including for marketing and promotional purposes. However, such information will not disclose an individual client’s service usage details (i.e. data will be aggregated across more than one client) unless we receive that client’s permission.
You acknowledge that you have read our privacy policy and understand that we operate in the role of a data processor and that you bear final responsibility for personal data of your customers or visitors that we may store on your behalf. We are available to assist you with privacy-related requests which you may communicate to us on behalf of your visitors and will respond to such requests in a commercially reasonable period of time.
You are solely responsible for ensuring that your communications and use of the service are appropriate, including that they satisfy privacy laws in your jurisdiction, including but not limited to health, education, and consumer privacy laws.
We do not warrant that your access to the service will be uninterrupted. We do not warrant that any aspect of the service will always function or display completely, accurately, or in conjunction with any particular browser, operating system, or other software.
We will make commercially reasonable efforts to respond to all inquiries within two business days. Your use of or payment for the service does not entitle you to support in real time or support via any particular communications channel, including over the telephone, except in our sole discretion.
You agree to indemnify, defend and hold harmless Nitra LLC from all damages, liabilities, claims and expenses, including without limitation reasonable attorneys’ fees and costs, arising from or related to your data, your use of the service and/or any breach of these terms by you. You further agree to defend, indemnify and hold harmless Nitra LLC from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to any claims by third parties that your data or your use of the service infringes upon, violates or misappropriates any of their intellectual property rights or discloses their proprietary information.
THE SERVICE IS SOLD “AS IS” AND “WITH ALL FAULTS”. NITRA LLC MAKES NO WARRANTY THAT THE SERVICE IS FREE OF DEFECTS OR IS SUITABLE FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL NITRA LLC BE RESPONSIBLE FOR LOSS OR DAMAGES ARRISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SERVIC IS IN ACCORDANCE WITH THE LAW OF THEIR JURISDICTION.
NITRA LLC’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO NITRA LLC FOR USE OF THE SERVICES.
These terms of service represent the complete agreement between us concerning their subject matter, and supersede any prior agreements and representations between the parties. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this agreement shall continue in full force and effect.
You agree that any claim or cause of action that you may wish to assert related in any manner to the service must be filed within one year after such claim or cause of action accrued or be forever barred.
These Terms of Service are effective as of May 24, 2018.