These Terms of Service apply to Subbly Inc and its subsidiaries (collectively "Subbly").
Definitions: "Merchants" are users who run their businesses using Subbly's software. "Users" are the same, we may interchange terminology in this document. "Customers" are customers of the merchants.
1.1 By accessing the website at https://www.subbly.co, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
1.2 Furthermore you also agree to our privacy and cookie policies.
2.1 Permission is granted to temporarily download one copy of the materials (information or software) on Subbly's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
2.2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by Subbly at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3.1 The materials on Subbly's website are provided on an 'as is' basis. Subbly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
3.2 Further, Subbly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4.1 In no event shall Subbly or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Subbly's website, even if Subbly or a Subbly authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5.1 The materials appearing on Subbly's website could include technical, typographical, or photographic errors. Subbly does not warrant that any of the materials on its website are accurate, complete or current. Subbly may make changes to the materials contained on its website at any time without notice. However Subbly does not make any commitment to update the materials.
6.1 Subbly has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Subbly of the site. Use of any such linked website is at the user's own risk.
You will be presented with all information about your subscription plan during registration and when you make changes to your plan.
Your plan, add-ons and subscription information can be accessed from within your admin at any time, including your payment method which you can update.
You will be able to manage your plan from within your admin as well, including the ability to cancel any time.
7.1 Authorization
You authorize Subbly to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of this agreement.
7.2 Free Trial
When you first sign up to Subbly you are granted a 14 day free trial. In some cases you may have a special link which gives you access to a longer free trial or have the opportunity to extend your free trial.
During this period you will not be billed any service fees (including add-ons). When your free trial ends, your payment method on file will be charged for the amount of your plan plus any other add-ons you have opted in for.
You are still subject to transaction fees (see below "Transaction Fees") during the free trial period.
7.3 Service Fees & Billing Cycle
The Subbly service is billed on a monthly basis, unless you choose an annual plan, in which case you will be billed on an annual basis. In both scenarios you will be billed on the same day each cycle, or last day of the month if the billing day doesn't exist in any given month (e.g. 31st in February).
7.4 Transaction Fees
If you are using Stripe as your payment gateway, your transaction fees are taken at the time your customers are billed.
If you are using another payment gateway then you will be charged your transaction fees as one charge, on a daily basis to the same payment method used for your service fee.
7.5 Add-ons
In some cases you may choose to add an add-on feature to your account which incurs an additional cost. You will be made clear what those amounts are and asked to confirm before adding it to your plan.
7.6 Delinquency
If your payment method fails and your account becomes past due, your account is subject to immediate suspension.
Suspension of account means your store will no longer be active, and renewals will stop processing for your customers.
8.1 No refunds will be given to users of Subbly's software because we offer a trial period. Please make sure you end your trial via the "plans" page if you don't want to continue using Subbly when on your trial.
8.2 Transaction fees are non-refundable.
9.1 Cancellations must be requested in writing once your free trial ends. Cancellations aren't guaranteed to be processed before the next payment if the request is made within 3 working days of the next payment due date.
10.1 Subbly is not affiliated with any of the businesses running on our platform.
10.2 Subbly are not responsible for the delivery of any products or services sold on any of the websites powered by Subbly.
11.1 You agree not to use the Services, or any relationship with Subbly, to engage in conduct that is unlawful, harmful, abusive, harassing, defamatory, libelous, misleading, fraudulent, or otherwise objectionable.
11.2 You must not engage in any conduct, whether on or off the platform, that Subbly reasonably determines:
11.3 All merchants must only use assets and materials that they own the rights to. Copyright infringement will not be tolerated.
11.4 It is the merchants responsibility to ensure their customers are kept satisfied and attended to. Subbly promotes best business practices of honest nature.
12.1 Subbly may suspend or terminate your account, access to the Services, or any related agreements immediately, with or without notice, if you breach these Terms (including Section 11).
12.2 Subbly may also suspend or terminate your account if, in its reasonable discretion, your continued access presents a risk of harm to Subbly, its customers, or its reputation. Suspension or termination may extend to all accounts associated with the same individual, entity, or group, including any new accounts created in an attempt to circumvent enforcement, and to any accounts where the suspended party has access to another merchant's account.
12.3 Upon termination, you must immediately cease all use of the Services and must not represent yourself as affiliated with Subbly in any way. Termination does not limit Subbly's right to pursue remedies for conduct occurring prior to termination, including reputational or financial harm.
12.4 Subbly may, at its discretion, provide notice of suspension or termination and an opportunity to appeal. However, Subbly is not required to do so, and failure to provide notice does not affect the validity of Subbly's actions.
13.1 Subbly reserves the right to investigate and take appropriate legal action against anyone who, in Subbly's sole discretion, violates these Terms, including removing accounts, reporting unlawful conduct to authorities, and pursuing damages.
13.2 These rights are in addition to, and not in limitation of, any other rights or remedies available to Subbly under applicable law.
14.1 Subbly are not liable for any damages or losses:
15.1 All data that is processed by Subbly is stored by Subbly in accordance with our privacy policy. Subbly takes privacy and security seriously.
15.2 Subbly may analyse anonymized data and has full rights to all data processed on Subbly's servers on behalf of merchants.
15.3 We reserve the right to publish testimonials and merchant stories ("customer stories") using non-personally identifiable information about the busines (such as business name, logo) and non-performance based metrics (e.g. features in use on Subbly) for promotional purposes.
15.4 Merchants using Subbly have the rights their own customer data and the responsibility for its correctness is their own.
15.5 Merchants also have the right to request removal of any testimonials in accordance with the compliance standards outlined below.
16.1 Businesses and users of Subbly must ensure they are compliant with all relevant laws, including but not limited to GDPR based on their customer's and their own territory.
16.2 GDPR: Subbly will maintain compliance for its own activities. Subbly will also provide tools for merchants to assist with them being GDPR compliant. Merchants using Subbly must fulfill all data requests from EU customers in a timely fashion and forward their requests to Subbly if necessary for processing.
17.1 Subbly may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
18.1 These terms and conditions are governed by and construed in accordance with the laws of Delaware, United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.