Terms of Service for Ads On Clouds, Inc. DBA “AddMargin”
Last Updated: May 24, 2024
Welcome to AddMargin! These Terms of Service ("Terms") govern your access to and use of our Shopify applications, software and services ("Services"). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
1. Acceptance of Terms
By accessing or using our Services, you agree to comply with and be bound by these Terms and any additional terms and conditions that may apply to specific sections of the Services or to products and services available through the Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
3. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
4. Account Registration
To use certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account.
5. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
● In any way that violates any applicable federal, state, local, or international law or regulation.● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
● To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
● To impersonate or attempt to impersonate AddMargin, an AddMargin employee, another user, or any other person or entity.
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm AddMargin or users of the Services, or expose them to liability.
● To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
● To impersonate or attempt to impersonate AddMargin, an AddMargin employee, another user, or any other person or entity.
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm AddMargin or users of the Services, or expose them to liability.
6. Intellectual Property
All intellectual property rights in the Services and the content available on the Services, including but not limited to text, graphics, logos, and software, are owned by AddMargin or its licensors. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.
7. Privacy
Your use of the Services is also governed by our Privacy Policy, which can be found at
www.addmargin.com/privacy-policy.8. Fees and Payment
Certain features of the Services may be subject to fees. You agree to pay all applicable fees associated with your use of the Services. All fees are non-refundable unless otherwise stated. We reserve the right to change our fees at any time upon notice to you.
9. Termination
We may terminate or suspend your account and access to the Services at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
10. Limitation of Liability
To the fullest extent permitted by law, AddMargin, its affiliates, and their respective directors, officers, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall AddMargin's liability exceed the amount paid by you, if any, for using the Services.
11. Disclaimer of Warranties
The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. AddMargin does not warrant that (i) the Services will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.
12. Indemnification
You agree to indemnify, defend, and hold harmless AddMargin, its affiliates, and their respective officers, directors, employees, agents, suppliers, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to:
1. Your use of and access to the Services, including any data or content transmitted or received by you;
2. Your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties herein;
3. Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
4. Your violation of any applicable law, rule, or regulation;
5. Your willful misconduct or gross negligence;
6. Any claims or damages that arise as a result of any of your User Content or any content that is submitted via your account;
7. Any other party's access and use of the Services with your unique username, password, or other appropriate security code;
8. Any actual or alleged breach by you of any third-party terms, conditions, or policies that apply to your use of the Services or any content, products, or services obtained from the Services.
2. Your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties herein;
3. Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
4. Your violation of any applicable law, rule, or regulation;
5. Your willful misconduct or gross negligence;
6. Any claims or damages that arise as a result of any of your User Content or any content that is submitted via your account;
7. Any other party's access and use of the Services with your unique username, password, or other appropriate security code;
8. Any actual or alleged breach by you of any third-party terms, conditions, or policies that apply to your use of the Services or any content, products, or services obtained from the Services.
You agree to promptly notify AddMargin of any third-party claims, cooperate with the Indemnified Parties in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at AddMargin's sole option, of any third-party claims.
The foregoing indemnification obligation will survive these Terms and your use of the Services. This indemnification provision is for the benefit of the Indemnified Parties and you agree that it applies whether the claims, damages, losses, or costs arise from(a) your use of the Services and/or (b) activities occurring under your account and/or (c) your violation of these Terms and/or (d) your violation of any rights of another person or entity.
13. Use of User Data for Pricing
By using our Services, you acknowledge and agree that AddMargin collects and uses user data, including but not limited to purchase history, browsing behavior, and other relevant data, to modify the prices of items being sold online. You agree to this use of user data to influence live pricing in your Shopify store.
You also agree that:
1. You will inform your customers about the use of their data for dynamic pricing in accordance with applicable privacy laws and regulations.
2. You will obtain any necessary consents from your customers for the collection and use of their data for pricing purposes.
3. You will comply with all applicable laws and regulations regarding the collection, use, and storage of user data.
2. You will obtain any necessary consents from your customers for the collection and use of their data for pricing purposes.
3. You will comply with all applicable laws and regulations regarding the collection, use, and storage of user data.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.
15. Entire Agreement
These Terms constitute the entire agreement between you and AddMargin regarding the use of the Services and supersede and replace any prior agreements you may have with AddMargin.
16. Contact Us
If you have any questions about these Terms, please contact us at:
AddMargin
291 Broadway, Suite 700, New York, NY 10007
support@addmargin.com
AddMargin
291 Broadway, Suite 700, New York, NY 10007
support@addmargin.com
