Terms of Service

These terms and conditions (the “Terms of Service”) relate to online shop services, including any other services as well as the updates and new features that will continuously be added to any of these online shop services (collectively the "Service") provided by Tictail AB, org. no 556838-0082, [Mäster Samuelsgatan 10, 111 44 Stockholm Sweden] (“Tictail") to its users of the Services (the “User”), enabling the User to establish and design one or more customized online shops facilitating the User’s sale of products and/or services (a “Store” or “Stores”).

Tictail may also make available to its Users certain optional Store-specific add-on software applications relating to the Service, either provided directly by Tictail (“Tictail Applications”) or made available via Tictail by third party rights holders (“Third-Party Applications”) (collectively “Applications”).

By at any time clicking “I AGREE” or such other button, link or click-through when creating an account for the Service (an “Account”), or, in relation to a specific Application, when purchasing such Application to a specific Store, the User is deemed to have accepted to be bound by these Terms of Service. If Tictail has, e.g. as part of a marketing campaign or similar, provided an Application free of charge to certain Users, such Users shall be deemed to have accepted to be bound by these Terms of Service in relation to such Application at the time of receipt of such Application.

 

Account

The User is solely responsible for maintaining the confidentiality and security of its Account, and for all activities that occur on or through its Account, and the User agrees to immediately notify Tictail of any security breach of its Account. Tictail shall not be responsible for any losses arising out of the unauthorized use of the User’s Account.

 

The User agrees to provide accurate and complete information (“Registration Data”) when registering with Tictail, and update such Registration Data to keep it accurate and complete. The User agrees that Tictail may store and use the Registration Data it provides for use in maintaining and charging fees to the Account.

 

The Account may be connected to one or more Stores. In order to purchase and install Applications to a specific Store, the User may be requested to authenticate its Account.

 

Scope of License

Tictail grants to the User a revocable, non-exclusive, non-transferable, limited-in-time license to use the Service and Tictail Applications (if purchased and paid for), and to use any other of Tictail’s software required to use the Service and applicable Tictail Applications. Tictail grants the User the right to install updates to the Service and applicable Tictail Applications as made available to the User by Tictail from time to time.

 

The User may not (i) assign, sub-license, copy, publish or distribute the Service or Tictail Applications, (ii) allow third parties to use the Service or Tictail Applications, (iii) assign to third party the rights that the User has acquired under a license under these Terms of Service, or (iv) circumvent any of the technical limitations of the Service or Tictail Applications, or decompile or otherwise reconstruct the Service or Tictail Applications save only to the extent and circumstances permitted by law.

 

The Applications are Store-specific. This means the User is granted a revocable, non-exclusive, non-transferable, limited-in-time license to use an Application only in relation to a certain Store. If the User has other Stores connected to its Account, the User will be required to purchase additional licenses in relation to each such other Store.

 

Tictail reserves the rights to:

  • Modify or terminate the Service or any Tictail Applications for any reason at any time.
  • To refuse any person or legal entity the rights to use or create a Tictail user account.
  • Remove or edit any content, store theme, design and/or account containing content that Tictail deem to be illegal, fraudulent, offensive, threatening or inappropriate or in other ways harmful to the Tictail brand.

 

Third-Party Applications

The User agrees that Tictail has not any liability or responsibility for any Third-Party Applications. The User agrees that it will not use any Third-Party Applications in a manner that would infringe or violate the rights of any other party and that Tictail is not in any way responsible for any such use.

 

Once the User acquires a Third-Party Application from or via Tictail, the User is entering into a binding agreement directly with the rights holder of that Third-Party Application (the “Publisher”) governing the User’s use of that Third-Party Application and Tictail is not a party of such agreement. The User acknowledges that the Publisher is solely responsible for its Third-Party Application, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that the User or any other party may have relating to that Third-Party Application.

 

Purchase of Applications

In order to purchase an Application, the User must choose a payment type and provide the appropriate payment details as requested by Tictail (collectively the “Credit Card Information”). Applications may not be available for use until full payment has been made. By providing Tictail with Credit Card Information, the User (i) represents that it is authorized to use the Credit Card Information and that it is true and accurate; (ii) authorizes Tictail to charge the User for the applicable Application; and (iii) authorizes Tictail to charge the User for any paid feature of the applicable Application that the User chooses to sign up for or use. The User agrees to provide Tictail with updated Credit Card Information upon Tictail's request and any time the information earlier provided is no longer valid.

 

As from time to time notified in relation to each specific Application, Tictail may charge the User (a) on a recurring basis (subscription) monthly in advance or arrears; (b) single payment at the time of or shortly after the purchase; (c) based on usage of the Application, or (d) based on certain results relating to the Application (performance-based). A regards recurring subscriptions, by authorizing Tictail to charge a credit card for the fees associated with the User’s subscription, the User is authorizing Tictail to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Tictail or the Payment Platform of the new replacement card account) for all fees or charges associated with the User’s subscription including any renewal fees as described below. The User authorizes the card issuer to pay any amounts described herein and authorizes Tictail, or the Payment Platform, to continue to attempt to charge all sums described herein to the User’s credit card account until such amounts are paid in full. Tictail will notify the User in advance of any change in the amount to be charged for recurring subscription Applications.

 

The User may withdraw his/her purchase of a specific Application without giving any reason thereto provided that such withdrawal is made before the completion of the installation of such Application. The User waives, to the extent permitted by applicable mandatory consumer protection law, any and all other rights to withdraw from any purchase (e.g. pursuant to the Distance and Doorstep Sales Act (2005:59) (Sw. distans- och hemförsäljningslagen) or similar statues). Once the installation is completed, the User’s purchase shall be deemed final.

 

In order to facilitate the User’s future purchases of Applications, Tictail may process payments through an online and mobile payments platform or billing agent, such as e.g. Braintree Payment Solutions, LLC (The “Payment Platform”). By purchasing an Application, the User accepts that its Credit Card Information is stored with Tictail and/or its Payment Platform for the purpose of processing and completing the payment of the Application.

 

Tictail may, e.g. as part of a marketing campaign or similar, provide an Application free of charge to certain Users, e.g. on a trial basis. Specific terms of such offers shall be deemed included in these Terms of Service.

 

User Responsibilities

The User confirms that he/she is 18 years old or older and that he/she has fully understood the risks and challenges connected with selling products and services online.

 

The User shall procure that its user identity and password is not disclosed to third parties.

 

The User undertakes to not use the Service or any Applications for other than the intended purpose or in breach of these Terms of Service. The foregoing include an undertaking not to exploit, reproduce, copy, resell, claim association, duplicate, imitate the Service or any Applications or any aspect of these. Furthermore, the User undertakes not to use the Service for any illegal, immoral or unauthorized purposes or in ways that are in conflict with applicable laws of the country in which the User is active, and/or trades with as well as the laws of Sweden.

 

The User may not use Tictail’s name and/or trademark unless permitted by Tictail in writing.

 

In the event the User breaches these Terms of Service, Tictail has the right to at any times cancel the User’s Account and/or usage of any Application and delete any information associated to it. Further legal actions may be taken.

 

User Content

The User warrants that it has the necessary rights and/or third party consents to freely use any content which the User provides to the Service or any Application (“User Content”). The User accepts full responsibility for User Content that the User uploads or in other ways makes available via the Service and/or the Applications.

 

The User accepts that User Content may be transferred unencrypted across various networks and be subject of any changes to conform to the Service’s technical requirements and that Tictail may review any content provided at any time. By uploading User Content via the Service and/or the Application, the User accepts that Tictail may freely use the User Content, e.g. by altering, storing, copying or making it available to the public or transferring the foregoing rights to Tictail’s partners. Tictail has also the right to use User Content for marketing purposes. The User hereby waives any and all rights to be compensated for such usage of User Content.

 

The User may not transfer any harmful code or other content that can damage the Service and/or the Application, nor may the User publish any material that is deemed to damage the Tictail brand or in anyway imply association to Tictail.

 

The User accepts that by providing the Service with User Content, this User Content will become available to other users on the internet who may share, download, republish or in other ways interact with it regardless of the User’s intellectual property rights.

 

Tictail claims no intellectual property rights over the material which the User publishes or provides to the Service or any Application. The User has the right to delete its store and any material associated to it at any time by emailing support@tictail.com. Tictail was built to be an easy way to sell great products. To protect the community of merchants and to create a platform that people trust and love, any other use of Tictail is prohibited, this includes but is not limited to MLM, link farming or other activities designed to manipulate search results or other online marketing activities. Users who are unsure whether their business falls outside of these criteria may at any time contact support@tictail.com to ensure that their business complies with these terms.

 

Intellectual Property Rights

The Service, the Tictail Applications and all content provided by Tictail on the website (including layout) is protected by Swedish and international intellectual property law. Unless otherwise informed by Tictail, all such material is either owned by or has been licensed by Tictail.

 

The User may print single pages from Tictail’s website. However, the User may not in any other way copy, reproduce, publish, upload, send, adapt, transfer or distribute any themes, material or information from the website without Tictail’s prior written consent.

 

Indemnification

The User agrees to hold Tictail, Tictail’s affiliates, subsidiaries, partners, agents, officers, directors, employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s breach of these Terms of Service, or the User’s violation of any law or the rights of a third party.

 

Liability for Damage

Subject to what is stated below, Tictail is liable for direct damage that the User suffers as a result of Tictail’s negligence or breach of these Terms of Service. However, such damage shall be limited to the total amount of compensation that, at the time of the damage, has been paid by the User to Tictail for the applicable Service or Application. Tictail shall never become liable for any indirect damage suffered by the User, such as loss of profit, loss of production or any other consequential loss.

 

The User accepts that the Service provided is on an "as is" and "as available" basis. Tictail does not guarantee that the Service will be error-free, to the User’s satisfaction and expectations, available at all times, accurate or reliable. The User understands that errors in the Service may not be corrected. Tictail may from time to time remove Applications for indefinite periods of time, or cancel Applications at any time for technical or operational reasons and will, to the extent practicable, notify the concerned User thereof. Furthermore, Tictail does not warrant that Applications will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Tictail disclaims any liability relating thereto.

 

Furthermore, Tictail assumes no responsibility in relation to:

  • any damages relating to the quality of any products, services or information provided, purchased or in other ways obtained through the Service.
  • any damages that occur as a result of the User failing to maintain the security of his or her account or password.
  • any damages relating to third party services provided in, via or in connection to the Service such as, but not limited to, payment or shipping providers.

The User has not relied on any warranties or representations regarding the Service. Thus, Tictail shall have no liability under these Terms of Service (including but not limited to liability for defects under the Swedish Sales of Goods Act (1990:931)), except as expressly stated in these Terms of Service. No other sanctions under the Sales of Goods Act (including but not limited to right to damages or termination) or any other law, general contractual principles or otherwise shall be available to User.

 

Notwithstanding the above, Tictail shall always be liable for direct damages that Tictail causes by intent or gross negligence.

 

Technical Support

Any support issues will be handled over email and shall be sent to support@tictail.com. Tictail offers no technical support for issues that are not directly related to the Service.

 

User Information and Personal Data

The User is required to enter a valid email address as well as any other information required for the sign up process. By accepting these Terms of Service, the User confirms that all information that has been and will be provided to Tictail is and will be true and correct and not misleading.

 

By creating an account for the Service and approving these Terms of Service, the User approves that any and all personal data provided by the User to Tictail is stored, processed, used by Tictail or its sub-suppliers and/or assigned to third parties by Tictail or its sub-suppliers in accordance with the Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204) and Tictail’s Privacy Policy as amended from time to time. The User is advised to check tictail.com/legal, where the latest version of the Privacy Policy will be held available.

 

Claims Procedure

Claims shall be submitted to support@tictail.com as soon as the User has become aware of the circumstances giving rise to the claim. The User has no right to pursue a claim following 182 days after the latter of (i) the day for Tictail’s most recent invoice regarding such service or product, for which the claim is related to, and (ii) the day when the circumstances for which the claim is related to were known or could have been known to the User.

 

Term

The agreement constituted by these Terms of Service is in force until further notice. The User may at any time terminate these Terms of Service by terminating the account with immediate effect by informing Tictail at support@tictail.com.

 

Amendments

Tictail reserves the right to, from time to time and in its sole discretion, amend the Terms of Service. The User is advised to check tictail.com/legal, where the latest version will always be available, from time to time for any changes or updates that may impact the User.

 

Tictail reserves the right at any time to change the prices of the Applications. Tictail will notify the User by email or other means at least fifteen (15) days before the price change. If the User does not agree to the price change relating to a specific Application, the User may cancel or stop using such Application or end the subscription of such Application (as the case may be).

 

Tictail reserves the right to change, suspend, remove, or disable access to any Application at any time. In no event will Tictail be liable for making these changes. Tictail may also impose limits on the use of or access to certain Applications, in any case and without liability.

 

Miscellaneous

The failure to enforce any provision or right of these Terms of Service shall not affect any other aspect, right or provision defined by herein. Tictail's failure to enforce any right or provision hereunder shall not constitute a waiver of such rights and provisions.

 

If the User is deemed to be a consumer and any part of these Terms of Service is invalid or unenforceable against the User because of applicable mandatory consumer protection laws, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

 

These Terms of Service, including the Privacy Policy, contain the whole agreement and understanding between Tictail and the User relating to the Service and/or any Application and supersedes any previous written or oral agreement between Tictail and the User in relation to the matters dealt with in these Terms of Service. These Terms of Service shall substitute any earlier versions of terms of service between the User and Tictail.

 

Governing Law and Disputes

These Terms of Service shall be governed by the substantive law of Sweden. Any dispute, controversy or claim arising out of or in connection with the Service or these Terms of Service or the breach, termination or invalidity thereof, shall be determined by Swedish courts.

 

Any questions in regards to these Terms of Service should be sent to support@tictail.com.