Terms of service

Welcome to Fiftify Inc. ("Fiftify", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website www.fiftify.com (the "Site") and our software-as-a-service platform (the "Services"). By registering for an account or using our Services, you ("User", "you", or "your") agree to these Terms. If you do not agree, please do not use the Services.

1. Acceptance of terms

By accessing or using the Services, you confirm that you can form a binding contract with Fiftify, that you accept these Terms and agree to comply with them, and that if you are using the Services on behalf of a company or other entity, you have authority to bind that entity to these Terms. You may accept these Terms electronically, including by creating an account, clicking an acceptance checkbox, or using the Services after being presented with these Terms.

2. Account registration

2.1. General requirements. You must be at least 18 years old or the age of majority in your jurisdiction. You must provide accurate and complete registration information, including your full legal name and a valid email address, and keep it current. Fiftify may approve or reject account registrations at its discretion. We may suspend or terminate an account as described in Section 9 or where reasonably necessary to protect the Services, our users, or third parties.

2.2. Owner account. Owners have administrative control over all associated Staff Accounts. You are responsible for maintaining the confidentiality of your account credentials and for activities carried out through your account and the Staff Accounts you create or manage.

2.3. Staff accounts. Staff Accounts are created and managed by the Owner. Staff Users must comply with these Terms and any additional Owner policies.

3. Plans

We may offer free plans, trials, and paid subscription plans. The features, usage limits, billing cycles, and pricing applicable to each plan are described on the Site at fiftify.com/pricing or presented to you at the time of subscription.

4. Payment terms

4.1. Fees and taxes. All fees are charged in U.S. dollars unless stated otherwise. Fees are exclusive of all applicable taxes; you are responsible for paying all taxes arising from your use of the Services. Fiftify is not a marketplace. Any sales you make through the platform are solely between you and your customers.

4.2. Payment and billing. Subscription fees are billed in advance on a recurring basis. By providing payment details, you authorize us to charge your payment method for all incurred fees. Payments may be processed by third-party payment providers, including Paddle, Stripe, and PayPal, depending on the payment method and checkout flow; the payment provider may act as the Merchant of Record. If a payment fails, we may suspend paid features or downgrade your account to a Free plan. Features or data that exceed the applicable Free plan limits may become inaccessible. We may delete data that exceeds those limits after a reasonable period, and no sooner than 30 days following notice to you.

4.3. Revenue-based billing. If your monthly Tracked Revenue exceeds the threshold specified in your plan, an additional fee applies as a percentage of the Tracked Revenue for that month. The percentage rate and threshold are listed in your subscription details and may be updated with prior notice. "Tracked Revenue" means the revenue associated with orders processed through or connected to the Services, as calculated by Fiftify based on data received from connected sales channels. Unless your plan states otherwise, Tracked Revenue excludes taxes and shipping charges collected from buyers, and orders that are cancelled or fully refunded within the same billing month. Revenue in other currencies is converted to U.S. dollars at the exchange rate applied by our payment provider or a reputable reference rate on the date of the order. If you believe a connected channel has supplied incorrect data, contact us and we will review and, where appropriate, recalculate the affected charge.

4.4. Refunds. When payments are processed by Paddle, Paddle acts as the Merchant of Record, and refunds and, where applicable, statutory withdrawal rights are handled in accordance with Paddle's applicable Buyer Terms and Refund Policy and applicable law. When payments are processed by Stripe or PayPal, refunds are handled in accordance with the applicable provider's terms, the conditions presented at the time of purchase, and applicable law. Fiftify does not independently override, modify, or issue refunds in conflict with the policies of the applicable payment provider.

5. Fiftify rights

5.1. Modifications. We may modify, suspend, or discontinue features of the Services from time to time and may impose reasonable usage limits. Where reasonably practicable, we will provide advance notice of material changes that adversely affect your use of the Services.

5.2. Competitors. We may provide Services to other users, including your competitors, without restriction.

5.3. Account ownership disputes. In disputes over account ownership, Fiftify may request documentation (for example, ID or a business license) and determine ownership at its discretion. Accounts may be suspended until ownership is resolved.

6. Acceptable use

You are solely responsible for the products or services you sell through the platform, for compliance with all applicable laws and tax obligations, and for ensuring your data and use of the Services are lawful and non-infringing. In addition, you may not:

• use the Services in violation of applicable law;
• access or attempt to access another user's account;
• interfere with the security or operation of the Services or connected networks;
• introduce malware or other harmful code;
• reverse engineer or attempt to extract source code from the Services, except where such restriction is prohibited by applicable law;
• circumvent usage limits or security controls;
• use the Services to infringe intellectual property or privacy rights.

7. Privacy and data protection

Your use of the Services is subject to our Privacy Policy. Where Fiftify processes personal data of your customers on your behalf, our Data Processing Agreement governs that processing.

8. Copyright infringement (DMCA)

If you believe that content available through the Services infringes your copyright, you may submit a notice of claimed infringement to our designated copyright agent at [email protected], including: your signature (electronic or physical); a description of the copyrighted work; a description of the infringing material and its location; your contact information; and a statement of good faith belief and accuracy, made under penalty of perjury.

9. Termination

9.1. Suspension and termination. We may suspend or terminate your access to the Services if you materially breach these Terms, fail to pay applicable fees, create a security or legal risk, or where necessary to comply with law or protect the Services, our users, or third parties. We may also discontinue the Services upon reasonable notice. You may request account closure at any time by emailing [email protected].

9.2. Data after termination. Following termination, you may access and export your Customer Data for 30 days, subject to any applicable plan limitations. After this period, Fiftify may delete Customer Data in accordance with the Data Processing Agreement and our retention policies, except where retention is required by law or reasonably necessary for legitimate business purposes.

10. Third-party services

Integrations (for example, Shopify, Amazon, or eBay) are governed by the third parties' own terms. Fiftify is not responsible for their services, content, or data handling.

11. Intellectual property

11.1. Fiftify IP. All platform content and technology belong to Fiftify or its licensors. You are granted a limited, non-transferable license to use the Services for internal business purposes only.

11.2. User content. You retain ownership of content you upload. You grant Fiftify a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and process User Content solely as necessary to provide, maintain, secure, and support the Services.

12. Confidentiality

Each party may receive non-public information from the other party that is reasonably understood to be confidential. Each party agrees to use such information only to perform its obligations under these Terms and to protect it using reasonable safeguards. These obligations do not apply to information that is publicly available, independently developed without use of the other party's information, already known without a duty of confidentiality, or required to be disclosed by law.

13. Warranties, liability, and indemnification

13.1. Disclaimer of warranties. The Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.2. Limitation of liability. To the fullest extent permitted by law, Fiftify is not liable for indirect, incidental, special, or consequential damages, or for loss of profits, revenue, or data. Fiftify's total liability will not exceed the fees paid or payable by you during the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars (USD 100), whichever is greater.

13.3. Indemnification. You agree to defend, indemnify, and hold harmless Fiftify and its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and expenses arising from: (a) your unlawful use of the Services; (b) your violation of these Terms; or (c) your User Content, where such content infringes or violates a third party's rights. We will promptly notify you of any such claim and reasonably cooperate with your defense at your expense.

14. Service availability

We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. Temporary downtime may occur due to maintenance, updates, or factors beyond our control.

15. General provisions

Entire agreement. These Terms constitute the full agreement between you and Fiftify. Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Dispute resolution. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware, conducted in English on an individual basis. You and Fiftify each waive any right to participate in a class action or class-wide arbitration. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction for infringement of intellectual property rights or unauthorized access to the Services. Judgment on an arbitration award may be entered in any court having jurisdiction. Severability. If any provision is invalid, the remaining provisions remain enforceable. No waiver. Our failure to enforce a right does not waive it.

16. Changes to these terms

We may update these Terms from time to time. The latest version will always be posted on this page with an updated "Last updated" date. If a change materially reduces your rights, we will give you reasonable advance notice by email or in-app notification, and where required by law we may ask you to affirmatively accept the change before continuing to use the Services. Continued use of the Services after a change takes effect constitutes acceptance of the updated Terms.

17. Contact us

If you have questions or concerns, please contact us. Email: [email protected]. Mail: Fiftify Inc., 1111B S Governors Ave STE 23190, Dover, DE 19904, United States.