Effective Date: May 1, 2025
Welcome to BlueSky Commerce (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our online Evolve Storefront platform, including our website and associated services (collectively, the “Service”). By accessing or using the Service, you (“Customer”, “you”, or “your”) agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Service.
1. Eligibility
You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization.
2. Account Registration
To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials, API keys and all activities that occur under your account.
3. License & Access
Subject to these Terms and any applicable Order Form, we grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Service solely for your internal business purposes.
You shall not:
- Reverse engineer, decompile, or disassemble the Service;
- Interfere with or disrupt the integrity or performance of the Service;
- Use the Service for any illegal, harmful, or unauthorized purpose;
- Resell or sublicense the Service without our written permission.
4. Payment Terms
4.1 Subscription and Billing
Access to the Service requires a paid subscription unless otherwise stated in a free trial or demo offer. You agree to pay all fees specified in the applicable pricing plan or order form.
4.2 Payment Processing
Payments are due in advance on a monthly or annual basis (as selected) and will be billed automatically to your designated payment method. All fees are non-refundable unless stated otherwise.
Monthly overage charges, if applicable, will be billed in the following month and due upon receipt.
4.4 Late Payments
Failure to pay fees when due may result in suspension or termination of access to the Service. We reserve the right to charge interest on overdue payments at the lesser of 1.5% per month or the maximum rate allowed by law.
5. Service Level Agreement (SLA)
We will use commercially reasonable efforts to make the Service available 99.9% of the time, excluding scheduled maintenance and force majeure events. If uptime falls below this threshold in a given month, you may request a service credit as your sole remedy.
6. Acceptable Use Policy
You agree not to use the Service to:
- Infringe the intellectual property rights of others;
- Transmit viruses, malware, or other harmful software;
- Harvest or scrape images or metadata beyond what is allowed by your plan;
- Upload or index unlawful, pornographic, violent, or otherwise offensive content;
- Violate any applicable law, regulation, or third-party right.
Violation of this section may result in immediate suspension or termination of your account.
7. Intellictual Property
We retain all rights, title, and interest in and to the Service, including all related software, trademarks, content, and technology. No rights are granted to you except as expressly set forth herein.
You retain ownership of images or content you upload, but grant us a license to process and store such content solely for the purpose of providing the Service.
8. Third-Party Services
The Service may integrate with third-party tools or platforms. We are not responsible for the availability, performance, or content of such third-party services.
9. Termination
Either party may terminate these Terms for any reason upon 30 days’ notice. We may also suspend or terminate your access immediately for cause, including non-payment or violation of these Terms.
Upon termination:
- All rights granted under these Terms will cease;
- Your access to the Service will be disabled;
- Any outstanding fees become immediately due.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, and expenses arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through the Service. Continued use of the Service after changes become effective constitutes acceptance.
14. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of Indiana, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts of the State of Indiana.
15. Miscellaneous
- These Terms constitute the entire agreement between the parties regarding the Service.
- If any provision is held to be unenforceable, the remaining provisions will remain in full force.
- You may not assign these Terms without our prior written consent.
Contact Information:
If you have any questions about these Terms, please contact us at:
BlueSky Commerce
Email: support@evolvestorefront.com
Address: 350 Westfield Rd, Suite 300, Noblesville, Indiana, USA, 46060