Last Modified: January 12, 2026

 

TERMS OF SERVICE

TERMS, CONDITIONS, AND NOTICES OF USE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SOFTWARE AND THE SERVICE

 

This application, associated software, and software as a service provided by this software to provide various functionality on your online store (herein the “Software” or “Software Services”) are owned and operated by Wasserman Media Group, LLC. (“Provider”) and this Software is provided to you and the account holder setting up an account to access and or use it (“Client” or “You”) subject to and under the terms, conditions, and notices set forth in these terms, conditions, and notices of use (the “Terms”) set forth herein and extending to the End of Terms designation below. It is important that You take the time to read these Terms carefully. Unless Provider and Client enter into a separate written agreement governing the terms and conditions of use of the Software Services, these Terms form a legally binding agreement between Client and Provider in relation to Your use of the Software Services, and Your continued use of the Software Services constitutes Your agreement to be bound by these Terms. Provider reserves the right to amend and update the Software and its functionality from time to time, and these Terms shall continue to apply to Your use of the Software Services, as same may be amended and updated from time to time.

 

Amendments to Terms. 

 

Provider may, from time to time, modify, amend, or supplement these Terms, and post those changes on the Terms of Service page associated with the Software. Such modifications, amendments or supplements shall automatically be effective, and shall modify, amend, supplement, and become a part of these Terms seven (7) days after Provider has posted the modifications, thereafter constituting the legally binding agreement between Client and Provider. If You do not agree to be bound by (or cannot comply with) these Terms, current or as subsequently modified after such notice, You agree that your sole remedy is to cease using the Software Services by canceling Your account. Your continued use of the Software Services after publication of a notice of modification, amendment or supplement constitutes Your agreement to be bound by the Terms as modified, amended or supplemented.

 

Platform.

 

The Software is intended for use in association with separate online store platforms provided by BigCommerce TTY. LTD or its affiliates (“BigCommerce”). You must obtain a separate subscription to operate Your online store on the Big Commerce platform, and no license or right to the Big Commerce platform is granted or affected hereby. You must continue to comply with the separate terms of use of the Big Commerce platform. Provider, however, has the right to offer the Software Services to You to provide additional functionality for your online store. 

 

The Provider and affiliated web sites may contain links to third party web sites or software applications (“Linked Sites”). The Linked Sites are not under the control of Provider and Provider is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You should contact the site administrator or webmaster for those Linked Sites if you have any concerns regarding such links or the content located on such Linked Sites.

Subscriptions and License to Use. 

 

Client desires to utilize the Software Services and agrees to subscribe to same by agreeing to the monthly subscription amount to which the Client has agreed in the Application Administration Section of this Software application or in a separate legal agreement. Your subscription will continue month to month unless you provide notice of termination and discontinuation of use of the Software at least three business days before the commencement of any calendar month.

 

Provider grants to Client and Client accepts from Provider, a limited, non-transferrable, non-exclusive right to access and use the Software Services, subject to these Terms, including the right to allow Client’s employees to access and use the Software Services, all solely for use in association with Client’s online store. Client’s right and license to access and use the Software Services shall discontinue and terminate as provided in these Terms (the period until such termination the “Term”), including without limitation upon Client’s failure to pay the subscription amount or breach of this set of Terms. Upon termination you must immediately stop using the Software Services and any outstanding payments will become due. Client remains responsible for the operation of its online store, the conduct and fulfillment of all consumer transactions thereon, and all data storage with regard to its online store.

 

As a condition of your use of this Software, You agree and warrant to Provider that You will not use the Software for any purpose that is prohibited by these Terms or is unlawful. You may not use the Software in any manner that could damage, disable, overburden, or impair the Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Software. Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Provider’s sole discretion.

 

You shall not transmit to Provider or upload to this Software any Harmful Code or use or misappropriate the data on this Software for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

 

Provider reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Provider believes that Client’s or its associated users’ conduct violates applicable law or is harmful to the interests of Provider. Any use of content or descriptions; any derivative use of this Software or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.

  

You acknowledge that the Software Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Software, in violation of these laws and regulations, directly or indirectly. By using this Software, You agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.

 

The Provider takes no responsibility for the Client’s own network infrastructure. Provider shall use commercially reasonable efforts to make the Software Services available on a 24×7 basis (twenty-four hours per day, seven days per week) during the Term except for: (i) scheduled system back-up or other on-going maintenance as required and scheduled in advance by Provider, or (ii) for any unforeseen cause beyond Provider’s reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majeure events set forth in this Agreement. 

 

Provider reserves the right to discontinue maintenance and operation of the Software at any time, at the end of Client’s applicable monthly subscription period (or if sooner, upon refund of the prorata portion of Client’s applicable monthly subscription amount paid for the month of termination (with such proration in proportion to the amount of the month utilized vs not utilized).

 

Proprietary Rights. 

 

You acknowledge that (i) the Software is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content.

 

Client acknowledges that all right, title, and interest in and to the Software and its Rights, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials, is, and at all times shall remain, the sole and exclusive property of Provider. The Software contains trade secrets and proprietary information owned by Provider and is protected by applicable law. Except the right to use the Software Services as expressly provided herein, Provider does not grant and these Terms do not grant to Client any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Software.

 

Any use of the Software other than pursuant to the license expressly granted herein is strictly prohibited, including without limitation any reproduction, modification, distribution, transmission, republication, display, or performance, of the Software or any content within this Software, all of which is strictly prohibited.

 

Client shall not attempt, or directly or indirectly allow any of its employees or any other third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Software in any form or media or by any means.

 

DISCLAIMER.

 

Provider warrants that it has the right to grant the license for Client to use the Software on the Terms hereof. THE SOFTWARE SERVICES ARE PROVIDED BY PROVIDER ON AN “AS IS” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE AND THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SOFTWARE OR THESE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.

 

LIMITS OF LIABILITY. 

 

IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SOFTWARE SERVICES, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED YOUR SUBSCRIPTION COSTS FOR THE SOFTWARE ON A QUARTERLY (THREE-MONTH) BASIS, WHEN APPLICABLE, FOR SOFTWARE SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. PROVIDER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

 

Indemnification. 

 

You agree to defend, indemnify and hold harmless Provider, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Software; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Software.

 

Miscellaneous. 

 

These Terms and the agreement formed hereby will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to provisions related to choice of laws or conflict of laws. The parties hereby submit to the exclusive jurisdiction of the courts of the commonwealth of Massachusetts with regard to resolutions of any disputes other than injunctive relief. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any Terms, or any infringement (or apprehension of infringement) of Provider’s intellectual property rights may cause Provider irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Provider shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Provider’s rights under this Agreement.

 

If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. Any waiver of any provision of the Terms will be effective only if in writing and signed by Provider. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.

 

BY USING THE SOFTWARE, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ THESE TERMS, UNDERSTOOD THEM, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. CLIENT FURTHER AGREES THAT THE AGREEMENT AND THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SHALL BE SUPERIOR TO, AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS CONTAINED IN ANY PURCHASE ORDERS, OTHER DOCUMENTS PROVIDED TO THE PROVIDER BY CLIENT, OTHER DOCUMENTS PROVIDED TO CLIENT BY THE PROVIDER, OR AGREEMENTS PREVIOUSLY ENTERED INTO BY THE PARTIES.

 

END OF TERMS

 

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