Terms and conditions
Last Updated: July 2021
Indomit 2020 S.L. (with the commercial name CrossMystore), is an online service to manage cross-store selling. The present conditions expose the rights and obligations of the user and of CrossMystore as the provider of the service.
Any new features or tools that are added to the current Services shall also be subject to these Terms of Service. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
CrossMystore, with C.I.F. number B- 67/619. 312 and domiciled at Gabriel Querol 2, 3, 2A 08221, Terrassa, registered in the Mercantile Register of Barcelona, in volume 47,327, folio 177, page B-548. 641, provides the CrossMystore Web Site and its related services according to The terms and conditions set forth below.
Failure to comply with any of the Conditions of Use may lead to the cancellation of your account.
1. Account terms
To access the service it is essential to be over sixteen (16) years old.
1.1. A complete legal name, an email address, and all information required by CrossMystore in the account creation process must be provided.
1.2. It is the responsibility of the user to provide truthful information, and CrossMystore reserves the right to delete any account if it is suspected of its veracity or could breach any of the rules of use of CrossMystore.
1.3. Therefore, we reserve the right to modify (including but not limited to adding or removing features), discontinue or terminate the Services or any part thereof, or terminate your CrossMystore Account or your access to the Services, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Services or any part thereof, or the termination of your CrossMystore Account or your access to the Services.
1.4. We reserve the right to refuse the Services to anyone for any reason at any time. In addition, we reserve the right but are not obligated, to limit the availability of the Services, Products, or services made available via a Third Party Service that CrossMystore makes available in connection with the Services, to any person, entity, or geographic region. We may exercise this right on a case-by-case basis.
1.5. We may, but are not obligated to, remove without notice any Content or Comments that we determine in our sole discretion.
1.6. A breach or violation of any provision of the Terms of Service, or the Policies, as determined in our sole discretion, may result in an immediate suspension or termination of your CrossMystore Account and access to the Services. Without limiting any other remedies that we have, we may suspend or terminate your access to your CrossMystore Account and the Services if we suspect that you have engaged in fraudulent activity in connection with the Services.
1.7. Verbal or written abuse of any kind (including threats of abuse or retribution) of CrossMystore’s employees, members, or officers will result in immediate termination.
1.8. It is in our sole discretion to refuse or remove any Content that is available via the Services.
1.9. We reserve the right to provide the Services and any other of our services to your competitors and make no promise of exclusivity in any particular market segment.
1.10. You are responsible for maintaining the privacy of your account. CrossMystore shall not be liable for any damage or loss that may be the result of user error in protecting your login information.
1.11. The parties accept to legally equate the signature of the client with the signature made by any other type of code, code, or element of security identification. Notwithstanding the foregoing, the service provider may require, when deemed necessary, written confirmation to the client.
2. Account Requirements
2. 2. In order to use the Services, you must register for and maintain an active CrossMystore account (“CrossMystore Account”) and provide certain information including your email address and any other information identified as being required. You agree to maintain accurate, complete, and up‑to‑date information for your CrossMystore Account. Your failure to maintain accurate, complete, and up‑to‑date CrossMystore Account information including, where applicable, having an invalid or expired payment method on file with CrossMystore, may result in your inability to access and use the Services or the termination of your CrossMystore Account.
2.3. Your CrossMystore Account must be connected to a Shopify Account in order to fully access and use all of the functionality of the Services. If you have multiple Shopify Accounts, each Shopify Account must be connected to a separate CrossMystore Account. Once your CrossMystore Account and a Shopify Account have been connected, it is not possible to switch your CrossMystore Account to a different Shopify Account.
2.4. You acknowledge and agree that the Services will be able to access and modify the store data for your Shopify Account.
2.5. You are responsible for all activity and content, such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your CrossMystore Account and your use of the Services.
2.6. You agree to maintain the security and secrecy of your CrossMystore Account password(s) at all times. You must promptly notify CrossMystore if you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your CrossMystore Account or password. CrossMystore cannot and will not be liable for any loss or damage from your failure to maintain the security of your CrossMystore Account and password.
3. Products and Third Party Services
3.1. You acknowledge that the Services may enable or assist you in accessing our Partner Directory, interacting with other users and/or cross-store selling Products. Access to our Partner Directory, brand partnership agreement, product sync and order shipping is made available only as a convenience, and your brand partnership is solely between you and the applicable Supplier/Retailer. Any use by you of Third Party Services or Products made available through the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Products, Third Party Services or Suppliers before engaging them. CrossMystore reserves the right to cease providing access via the Services to any Supplier, Products, or Third Party Service at any time, without entitling you to refund, credit or other compensation.
3.2. CrossMystore offers users the ability to access Suppliers via our own Partner Directory. Brand partnership ordering and commission payment for Products purchased from Suppliers and sold on the Retailer online store is processed on the Shopify platform.
3.3. In addition to these Terms of Service, you also agree to be bound by any additional service specific terms applicable to Products and Third Party Services you cross-store sell from, or that are provided by, Suppliers in connection with your use of the Services.
3.4. You, and not CrossMystore, are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Products, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and license, all of which must be in accordance with applicable law.
3.5. We do not provide any warranties with respect to Third Party Services or Products. You acknowledge that CrossMystore has no control over Third Party Services or Products, and shall not be responsible or liable to anyone for such Third Party Services or Products, including any Supplier’s failure to deliver Products or any Product defects, or any inconsistencies between the Products ordered and those delivered. The availability of Third Party Services or Products via the Services or the integration or enabling of Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with CrossMystore. CrossMystore strongly recommends that you thoroughly research Products and Third Party Services, including the Suppliers providing such Products and Third Party Services, before your brand partnership agreement, to ensure they will meet your needs and comply with laws applicable in your jurisdiction and the jurisdiction of your Buyers.
3.6. CrossMystore is not responsible for any disclosure, modification or deletion of your data or for any corresponding losses or damages you may suffer as a result of access by a Third Party Service or a Supplier to your data. In addition, if you install the CrossMystore you grant CrossMystore permission to access and use the data associated with your applicable Shopify account, as necessary to sync the purchase and fulfillment of Products you order via such Third Party Service with your CrossMystore Account and your Shopify account, and to otherwise provide the Services to you.
3.7. Under no circumstances shall CrossMystore or its Affiliates, partners, officers, directors, agents or employees be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services, Products or your relationship with any Supplier and/or Retailer. These limitations shall apply even if CrossMystore has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
3.8. You agree to indemnify and hold us and (as applicable) our Affiliates, CrossMystore partners, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use, access to or interaction with, or the purchase or procurement of a Third Party Service or Product, or your relationship with a Supplier and/or Retailer.
4.1. CrossMystore offers a rate system that adapts to the volume of brand partnership and product synchronization that the user performs. The limits of each tariff are specified in the prices section at crossmystore.com/pricing. If the user exceeds the rate limit of her/his pricing plan, the rate will be increased.
4.2. CrossMystore reserves the right to modify the rates unilaterally and at any time, without granting such change any right to compensation by the users.
4.3. For your convenience, your monthly subscriptions will auto-renew until you cancel the service. We know that sometimes customers forget to cancel an account they no longer want until it has already been charged. That’s why you can cancel your monthly/annual subscription, through settings->Account on your CrossMystore account.
4.4. Please note that we will not entertain a request for a refund when we have suspended or terminated your access to CrossMystore’s services due to a breach of our Terms of Service.
5. Payment and access
5.1. You will pay the Fees applicable to your subscription to the Services and any other applicable charges (“Fees”). You will be invoiced by Shopify Inc. for the Fees.
5.2. A valid bank card is required to make payments. It is not required to create or use a free account. CrossMyStore will periodically charge you a recurring fee depending on the type of account you have contracted.
5.3. The Service is charged each period in advance and is not refundable. There will be no refunds or credits for partial months of the Service, nor will there be refunds in case the user does not use the Service during the period of time the account is open. In no case shall exceptions be made.
5.4. You are responsible to pay your Suppliers partner or Retailer partner for any Third Party Services or Products cross-store selling according to your Partnership agreement. The payment for any purchases you make via a Third Party Service, will be processed by such Third Party Service, and CrossMystore is not responsible or liable for the processing of such payment or any liability arising with respect to such payments. CrossMystore will not be responsible or liable for any Supplier’s failure to deliver Products or any Product defects, or any inconsistencies between the Products ordered and those delivered by the Supplier.
5.5. Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). You will be charged by Shopify on each Billing Date for all applicable outstanding Fees that have not previously been charged. Fees will be included on your Shopify Account invoice. Users have approximately fourteen (14) calendar days to bring up and settle any issues with the billing of Fees with Shopify.
5.6. Requests for order cancellations, refunds and returns in connection with cross-store selling products must be addressed directly to your Supplier Partner and/or Retailer Partner.
5.7. The customer agrees that it will not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively by means of electronic communication.
5.8. In case of non-payment or return of the receipt, you will be notified of the default and will automatically lose the ability to access the Service. The data will be deleted within thirty (30) days from the date of default.
5.9. No fee includes any taxes or duties required by your governmental authorities. The user is responsible for paying these taxes or obligations. The user decides who has the right to enter his account with the role he deems appropriate.
6. Service and pricing modifications
6.1. CrossMystre reserves the right to modify or suspend, temporarily or permanently, the Service at any time for any reason with or without notice if it deems it convenient.
6.2. Applicable Fees for using the Services are subject to change upon thirty (30) days’ notice from CrossMystore. Such notice may be provided at any time by email.
6.3. You can update the Subscription Plan from time to time through your account management settings.
7.1. You are responsible for the proper cancellation of your account. You can cancel your account at any time through the profile menu but must follow CrossMystore cancellation procedure (please visit our Faqs section for details) and ensure you don’t have any active Partnership. Once your account is canceled, all your content will be deleted after thirty (30) days.
7.2. You can cancel your account at any time, but will be responsible for all the charges made until that moment, including the full monthly charge for the month in which he suspends the service. Thereafter, you will not be charged.
7.3. CrossMystore reserves the right to cancel an account or prevent the use of the Software to those who do not comply with the present conditions of use.
8. Copyright and intellectual property
8.1 CrossMystore owns all the Intellectual Property rights of all and any of the components of the Service that may be protected, including but not limited to the name of the Service, graphic material, all software associated with the Service and the elements of the user interface contents In the Service, many of the individual characteristics and related documentation. The user undertakes not to copy, adapt, reproduce, distribute, reverse engineer, decompile, or disguise any facet of the Service that CrossMystore owns. The user also accepts and agrees not to use robots, spiders, other automated devices, or manual processes to control or copy any content of the Service. CrossMystore will not claim rights over the Intellectual Property of the Content that the user uploads or provides to the Service. However, by using the Service to cross-store selling, you accept that third parties can cross-store selling your products after a brand partnership agreement has been.
8.2. You grant CrossMystore a limited, worldwide, non‑exclusive, sublicensable, royalty-free license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Content for the purpose of supporting your use of the Services and providing the Services to you. CrossMystore may also use Content for the purpose of supporting and developing the Services. Subject only to the limited license expressly granted herein, you or your third-party licensors shall retain all right, title, and interest in and to the Content and all intellectual property rights therein. Nothing in this Agreement will confer on CrossMystore any right of ownership or interest in the Content.
9. Accuracy, Completeness, and Timeliness of Information
9.1. We make no warranties with respect to the information made available by the Services, and we are not responsible if that information is not accurate, complete, up-to-date or otherwise does not meet your specific requirements. Any reliance on the material or information made available through the Services is at your own risk.
9.2. Occasionally there may be information made available through the Services that contains typographical errors, inaccuracies or omissions that may relate your Partner and Products, including with respect to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We undertake no obligation to correct, update, amend or clarify such information, except as required by law. No specified update or refresh date provided through the Services should be taken to indicate that all information in your Partner store has been modified or updated.
10. Privacy and User Data
11. User Comments, Feedback and Other Submissions
11.2. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
12. Prohibited Uses
12.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, its content, or any of the services available through the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, rules, or regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) in violation of the Policies; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, the Shopify services, or any related website or application, other website or application, or the Internet. In addition to our other termination rights, we reserve the right to terminate your use of the Services or any related website or application for violating any of the prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
13.1. You expressly agree that your use of, or inability to use, the Services is at your sole risk, and we disclaim responsibility for any harm resulting from your use of and access to the Services. The Services is provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express, implied or statutory, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Services will be accurate or reliable, or that the quality of any services, Products, Third Party Services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected. Moreover, CrossMystore does not warrant that the results that may be obtained from the use of the Services, or information provided by your Supplier Partner and/or Retailer Partner, will be accurate or reliable and you expressly agree that:
- CrossMystore has no control over the quality, safety, morality or legality of any aspect of the Products or Third Party Services, the truth or accuracy of the listings available through the Services, including any Third Party Service, or the ability of Retailers partners to sell and Suppliers Partners to fulfill orders for cross-store selling Products. CrossMystore cannot ensure that a Supplier Partner will actually complete a transaction. Consequently, CrossMystore is not a party to, and will have no liability arising from, the transactions between you and your Supplier Partner and/or Retailer Partner.
- CrossMystore is not responsible or liable for any content, for example, data, text, product descriptions, information, usernames, graphics, images, photographs, profiles, testimonials, audio, video, items or links posted by you or any other parties on the Services, or made available by any Supplier Partner and/or Retailer Partner.
- To the fullest extent permitted by law, CrossMystore and its Affiliates are not responsible for: (i) any actions, inactions, statements or guarantees made by Suppliers; (ii) Products; (iii) Third Party Services; or (iv) expected transactions of parties utilizing the Services, including those based on the transaction process, the performance of the contract, trading practices, course of dealing, product quality or product fulfillment and delivery. Some jurisdictions do not allow limitations on implied warranties, so the foregoing limitation may not apply to you.
13.2. In no event shall CrossMystore or its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, intellectual property right infringement, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Services or any Products or Third Party Services procured using the Services, or for any other claim related in any way to your use of the Services, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14.1. You agree to indemnify, defend and hold harmless CrossMystore and its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third-party, due to or arising out of a claim: (a) alleging that you, the Content or any Product listed on your Shopify store infringes or violates the intellectual property rights, privacy rights or other rights of a third party or violates applicable law; (b) arising out of your breach of these Terms of Service, the Policies, or any other documents they incorporate by reference; or (c) arising out of your use of a Third Party Service or your relationship with a Supplier Partner and/or Retailer Partner.
15. Dispute Resolution
15.2. Third Party Services. Any issues or disputes that arise in connection with your cross-store selling products or attempted cross-store selling of Products via Third Party Services, must be handled in accordance with such Third Party Service’s dispute resolution processes. Under no circumstances will CrossMystore be responsible or liable for any disputes between you and your Supplier Partner and/or Retailer Partner arising in connection with your use of Third Party Services, nor will CrossMystore provide assistance or intervention in connection with such disputes.
15.3. Disputes between Merchant and CrossMystore. By agreeing to these Terms of Service, you agree that you are required to resolve any claim that you may have against CrossMystore on an individual basis in arbitration, as set forth in this Section (referred to herein as the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against CrossMystore, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against CrossMystore by someone else.
16. General terms
16.1. You are fully responsible for the access and correct use of CrossMystore subject to the current legality, whether national or international, as well as the principles of good faith, morality, good customs, and public order. And specifically, it acquires the commitment to diligently observe the present General Conditions of use.
16.2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written consent of CrossMystore. You may not use the Service to store, host, or send harmful or unsolicited (spam) e-mail.
16.3. You understand that the Service may be used for the transmission of your Content and that during this process, your Content, including invoices, payment notices, and personal messages, may be transferred unencrypted through the Internet. You can not use the service to transmit any virus, worm, or any type of malicious or harmful content.
16.4. CrossMystore makes no warranties with respect to its ability to use the Service, its satisfaction with the Service, that the Service is available at all times, uninterruptedly and without errors, the accuracy of the mathematical calculations performed by the Service, and the correction Of the errors of the Service.
16.5. Neither CrossMystore, its Affiliates, officers, directors, employees, agents, or licensors are liable for any direct, indirect, consequential, special, exemplary, punitive, or other damages arising out of or in any way connected with the use made by the user from service. The user can only solve his dissatisfaction with the Service by not using it and canceling his account.
16.6. If any of the conditions described here are invalidated or can not be applied, the application of any of the remaining ones should not be affected in any case.