Terms & Conditions

Introduction

Welcome to eZo! We’re excited you’re joining us but before you start using eZo, we would ask that you read through and accept our terms and conditions. We’ve tried to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us. 

To help make things easier, we have summarised our terms into key sections and explained what each refers to. It’s important you understand that these are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, you can’t use our app and services.

These terms should be read in conjunction with our website terms of use and our privacy policy which can be found on our website. We will update these from time to time so do make sure to check on them in the future.

If you still have questions or comments after you’ve read these terms, please contact the eZo Support team to get in touch. We’d love to help!

Last Updated: 6 January 2021

Signing Up To eZo

In order to subscribe to eZo and use our App and services you must read, agree with and accept all of the terms and conditions contained in these Terms of Service, before becoming an eZo User.

When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms of service.

1. You and eZo: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say eZo, we, our or us, we’re talking about the eZo service you contract with and pay fees to create a subscription.

2. Our services: Our services consist of all the services we provide now or in the future under the name of “eZo”.

3. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription and the main point of contact for all communications.

4. Subscriber: As a subscriber, you will be the contracting party for the purposes of our Terms of Service and will be the person authorised to use the service. If you are signing up for the Services on behalf of your employer, your employer shall be the subscriber.

5. The right to use our services: You will have access to use our services for as long as the subscriber continues to pay for the subscription, until the subscription is cancelled or terminated.

6. Using our Themes: You may establish the appearance of your eZo Store with a Theme design template, which is purchased as an additional one-off cost. If you download a Theme, you are licensed to use it for a single use only and are not permitted to transfer or sell it to any other person. Multiple stores require multiple downloads and each download is subject to the applicable fee. We give no assurance that a particular Theme will remain available for additional downloads and may modify a Theme at our discretion to reflect technical changes and updates as required.

7. Using our Email: You may send emails from your account using our email services. We may employ certain controls to scan the content of emails you deliver to limit spam, phishing, or other malicious content. By using our email services, you agree to us doing this.

8. Rules: When you sign up to eZo you agree to use our service and to adhere to our user guidelines. Please make sure you read them and understand what you can and can’t do.

9. Your responsibilities: There are a couple of key things we ask you to comply with:

  • You agree to abide by our user rules
  • You promise that you’ll keep your information (including a current email address) up to date.
  • You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations.
  • You are responsible for all content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited in connection with your Account.
  • You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

10. When we introduce new or revised services: We’re always striving to make eZo better! If we introduce new services we will make sure any new or different terms are clearly highlighted to you, before you sign up.

11. What we own: We own the rights to everything associated with eZo, including the logo, design, development code, copyrighted works and other intellectual property, unless otherwise stated and excluding content owned by other third parties. As an eZo user you agree not to copy, distribute or modify any of our content or use any of our intellectual property rights in any way without our written permission.

Payment

In order to use our services you’ll need to sign up and pay for a subscription based on the pricing of the plan you select, unless you’re in a free trial or an offer period. The pricing details of your subscription are explained when you select your subscription plan, but there are some important things you need to be aware of.

12. eZo pricing plans: Your use of our services requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know as quickly as possible. For information on how to change pricing plans, check out our eZo pricing page. Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes where relevant (like VAT), as reflected in the pricing plan.  

13. How you pay fees: A valid credit card payment method is required for all accounts. You will be billed for your Subscription Fees every 30 days on your billing date, unless you have selected to pay for an annual subscription plan and all fees or additional fees will be charged to your payment method. If we are not able to process payment of fees using your payment method, we will try again. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt. If payment of Fees is unsuccessful after three attempts, we may freeze your account and access to all eZo services. We will continue to charge the authorised payment method for applicable fees until the Services are terminated, and any and all outstanding fees have been paid in full. Unless otherwise indicated, all fees and other charges are in USA dollars.

14. Taxes for your use of our services: You are responsible for paying all applicable taxes and other external fees levied as a result of your subscription to eZo’s services. We will calculate tax using the tax rates that apply based on the billing address you provide to us. These amounts are in addition to the fees billed to your authorised payment method. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes. If you are not charged Taxes by us, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

15. Additional services: Depending on how you use our services, you may be able to take advantage of additional services which might incur an additional fee such as using one of our template shop themes. But don’t worry we’ll let you know about any additional fees before you sign up for new services. These fees are charged in additional to the subscription fees and billed to your authorised payment method.

16. Making timely payments: In order to continue using our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information stored for your account. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made and your account is up to date.

17. Disputing Billing: It is your obligation to review all billing invoices for accuracy. You have 30 days from the date of a billing invoice to notify us in writing, that you dispute the charges. Failure to do so within the specified time frame will determine that you accept that all charges are valid and you waive any claims you may have had regarding such charges.

18. Refunds: We do not provide refunds which means if you cancel your eZo subscription before the subscription period has expired, you will not receive a payment for the days you are not using the service. Fees are based on the Services purchased, regardless of actual usage and are non-refundable.We do not provide refunds or credits for any partial days, months or years and do not provide refunds to you whether or not you have logged in or used the Services.

19. Subscription Upgrades: If you decide to upgrade your subscription plan, the new pricing will take immediate effect from the date you sign up and this will become your new billing date.

20. Subscription Downgrades: If you decide to downgrade your subscription plan, the downgrade will take effect on the commencement of the next renewal period.

It is important to note that there will be no refund of any fees for the higher priced subscription plan. We do not provide credits or refunds on downgrades that are effective during the applicable billing period (whether the period is a month, quarter or year).

21. Modifications to Service and Prices: Prices for using our services are subject to change. We may provide notice at any time by posting the changes to our website or by notifying subscribers by email. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service and may change or discontinue the service at anytime.

User Guidelines

As an eZo user it’s important that you understand how you can (and can’t) use our App and services and that you agree to these guidelines before signing up as a user.

22. Feedback: We love getting ideas and feedback regarding improvements or additions to our app and services. If you submit Feedback to us, you waive your rights to this feedback and we may use it.

23. Help using our services: We provide a lot of guidance and technical support to help you use our app and services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.

24. Beta services: There may be occasions when we invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all users. You use these services at your own risk.

25. Limitations: Some of our services may be subject to limits such as the countries you can select for shipping purposes. We are continuously improving our services but there are occasions when the subscription does not have a provision for certain items and we cannot be held accountable for these limits.

26. Action we may take: We reserve the right to modify, cancel or refuse the services for any reason, without notice at any time. Not all services and features are available in every jurisdiction and we reserve the right to refuse service to anyone for any reason at any time.

27. Unacceptable behaviour: As a user of eZo we ask all our users to agree that they will not:

  • Repackage or market any aspect of our app or services
  • Use our name in any illegal manner
  • Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
  • Misuse our services or undermine the security of our computing systems or networks.
  • Upload anything to our services that includes viruses or other malicious code.
  • Access any part of our system without permission
  • Resell or provide our services in any way not permitted through our services.
  • Commit fraud or other illegal acts through our services.
  • Share anything that may be offensive, violates any law, or infringes on the rights of others.
  • Act in a manner that is abusive or disrespectful to an eZo employee or other eZo customer.

28. Third Party Rights: Only eZo, eZo users and people accessing eZo Services have any rights under these Terms of Service.

29. Intellectual Property: We do not claim any intellectual property rights over the information and materials which you provide to the eZo Service. Anything you upload remains your property and is your responsibility and you can remove your eZo account at any time by deleting your account.

Apps and Third-Party Products

To help make your eZo experience as easy as possible to set up and use, eZo has used some third party Apps and API’s. Whilst this is a small part of our service, it’s important you understand when third party services are being used.

30. Other services: Some of our services, such as our payment functionality are available through other companies’ services, such as Stripe. These companies may have additional terms that apply to you and it’s important you familiarise yourself with these.

31. Third-party products: Along with the use of our services, you may use data, services and apps from other companies (third-party products), for example, those we make available in our app. Any third party providing a third-party product is a provider and is independent of us, so please be aware that a provider may also charge you fees in addition to what you pay us. 

32. Use of data: If you use Third Party Services on the eZo platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so you will need to get advice beforehand. We are not responsible for third party services so you use them at your own risk.

Data Use and Privacy

eZo uses your data in order to provide our App and services to you. Our “privacy notice" is an important part of these terms and describes in more detail how we deal with personal data, such as your name, email address and payment details.

33. Use of data: When you enter or upload your data into our app, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services. This includes personal data of yourself and others to enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

34. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into eZo, like your name and email address.

35. Use of personal data you enter about others: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into the eZo app.

36. Anonymised statistical data: When you use our app and services, we may create anonymised statistical data from your data and usage of our services. Once anonymised, we may use the data for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

37. Data breach notifications: If we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you're best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

Confidential Information

We are careful to take precautions to protect and respect your confidential information and expect that you’ll do the same for our information.

38. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and strive to protect our services and your data at all times.

39. Security safeguards: While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

40. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details.

Liability and Indemnity

This section is important as it outlines liability terms between us and our subscribers. Please read it closely and in full as you must accept these terms before using our services.

41. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

42. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis which means your use of eZo Services is at your sole risk. Service is “as is” so it may have errors or interruptions and we provide no warranties express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

43. Limitation of indemnity: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  • We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
  • In no event will eZo be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service.
    For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
  • Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the months immediately preceding the date on which the claim giving rise to the liability arose.
  • We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

44. Action we can take: We reserve the right to modify, cancel or refuse the services for any reason, without notice at any time. Not all services and features are available in every jurisdiction and we reserve the right to refuse service to anyone for any reason at any time.

45. Third Party Rights: Only eZo, eZo users and people accessing eZo Services have any rights under these Terms of Service.

Cancellation & Termination

You can easily terminate your eZo subscription by contacting eZo Support with one month’s written notice. We may terminate your subscription as well with the same notice period. If you violate these terms, we may suspend or terminate your subscription immediately.

Once your eZo subscription has been cancelled you will no longer be able to access the App and you will not be entitled to any refunds of any Fees. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. Once that invoice has been paid in full, you will not be charged again.

46. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable annually, depending upon which payment plan option you have selected. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month's written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.

47. Termination by eZo: We may choose to terminate your subscription at any time by providing you with one month's written notice in advance. We may also terminate or suspend your subscription or access to all or any data immediately if:

  • you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
  • you breach any of these terms and the breach cannot be remedied,
  • you fail to pay subscription fees, or
  • you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

48. No refunds: We do not refund subscription fees, even if you are cancelling before your month’s subscription is up. This means no refund is due to you if you terminate your subscription or eZo terminates it in accordance with these terms.

49. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees.

Disputes

Hopefully any complaints can be solved quickly and to your satisfaction by contacting eZo’s Customer Support Team. However if your complaint is still not resolved we will endeavour to instigate further action to resolve the dispute.

50. Dispute resolution: If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.

Service Maintenance

We want to ensure our services are kept updated and secure at all times but there may be occasions when we need to make changes, which may impact your access to our App and services.

51. Availability: We are focused on providing online help and support, during business hours via the eZo Support team. There may be times when we need to perform maintenance on our services, and this may require a period of downtime which we will try to minimise. If planned maintenance is being undertaken, we’ll try to notify you in advance but can’t guarantee it.

52. Access issues: There may be occasions when you might not be able to access our services and your data in circumstances beyond our control, for example the internet going down.

53. Data loss: There is always a risk of losing data so you’re responsible for maintaining copies of your data entered into our app and services.

54. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our app and services.

55. Problems and support: If you have a problem, you can contact the eZo support team who will do their best to resolve your issue.

56. Modifications: There may be occasions when we will need to release new updates, modifications and enhancements to our app and services, and in some cases discontinue features. If this happens we will do our best to contact you quickly by email to inform you of these changes.

Miscellaneous Items

Finally we’ve set out some additional terms. Please take a read as they cover important issues which you need to agree to.

57. Email Communication: If you are wanting to inform us of any changes to do with your eZo subscription your must send all emails to the eZo Support team. If we need to send you any updates we will use the email address you’ve provided us through your subscription, so its really important you keep your contact details up to date.

58. Events outside our control: There may be occasions when events outside our control impact our services which you subscribe to. If this is the case we are not liable to you for any failure or delay in performance of any of our obligations under these terms.

59. Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).

60. Blocking your access, disabling your subscription, or refusing to process a payment: We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - such as a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.

61. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. You’re solely responsible for resolving disputes between you and your customers.

62. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.

63. Changes to these terms: There will be times when we will need to amend these terms of service. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we will try to to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it either by email or by posting an update on our website. If you find a modified term unacceptable, you may terminate your subscription, as per our normal cancellation procedure.

64. Governing Law: These Terms of Business are governed by Northern Irish law and you can bring legal proceedings in respect of the App and services in the Northern Irish courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.

65. Complete Agreement: If we choose not to enforce any of these provisions at any time, it does not mean that we give up that right later. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the App and services, we can still require you to make the payment at a later date.

It is important you understand that these Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and eZo don’t apply if they conflict with these terms.

Thank you for reading our terms of service!

If you do not understand something or would like to discuss any aspect of our Terms of Service, please get in touch.

 

 

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eZo is currently in private beta for a short time as we iron out any wrinkles before launch. If, in the meantime, you would like to sign up to our Beta Programme, please click the button, fill in your details and we will be in touch.