Terms of service

Effective date: 10 June 2024

Thank you for choosing Mageplaza - a feed app and e-commercial solution provider. These Terms, together with the Privacy Policy, govern your access to and use of the https://mageplaza.com/apps/ website and related services ("Service") operated by Mageplaza ("us", "we", or "our"). Please read these Terms of Services ("Terms", "Terms of Service") carefully before using our Service. Your access to and use of the Service is contingent upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

Using Our Services

Eligibility

To use our Services, you must:

  • Be at least the age of majority in your jurisdiction;
  • Complete the registration process to create a user account; and
  • Provide and maintain accurate and up-to-date contact and account information.
Account and password

You are responsible for all activities that occur through your account. You agree to take reasonable steps to keep your username, password, and other account information confidential and to notify us immediately of any unauthorized use of your account. You must ensure that your account details are not shared with others and are stored securely. Should there be any breach of security or unauthorized use, you are obligated to inform us without delay so we can take appropriate measures.

Updates and functionalities

You acknowledge that Mageplaza may periodically update the Services. These updates may include changes to the appearance, functionality, features, or content of the Services. Such updates are aimed at improving the overall user experience and maintaining the security and functionality of the Services. You agree that these updates may be installed automatically without prior notice or consent.

Third-party products and services

Our Services may provide access to products or services offered by third parties. Mageplaza offers these links and access points purely for your convenience. You acknowledge that your interactions with these third-party services are solely between you and the third party and are governed by the terms and conditions of those third parties.

Anti-spam measures

Mageplaza reserves the right to take necessary actions to prevent the misuse of our Services for sending unsolicited emails ("spam"). These actions may include technical, legal, or other appropriate measures to address complaints and prevent spam. If your account is suspected of being used to send spam, Mageplaza may suspend or cancel your account to protect the integrity of our Services and maintain compliance with legal standards.

Rules of use

Permitted uses

You agree to use the Services in accordance with:

  • These Terms;
  • The Acceptable Use Policy;
  • Any other applicable rules, policies, and guidelines set by Mageplaza

Unauthorized use of the Services is strictly prohibited. Mageplaza reserves the right to suspend or cancel any account that is found to be in violation of these Terms. Misuse includes, but is not limited to, attempts to exploit system vulnerabilities, unauthorized access to data, or any activities that could harm the Service or other users.

Compliance with laws

You agree to comply with all applicable laws and regulations while using the Services. This includes but is not limited to, anti-spam and privacy laws. You are responsible for ensuring that your use of the Services adheres to these laws and that any content you distribute does not violate legal standards. Failure to comply with relevant laws may result in the suspension or cancellation of your account.

Consents

You agree not to send any emails other than Transactional Messages (defined below) without obtaining valid consent from the recipients as required by applicable laws. This ensures that recipients have agreed to receive communications from you and helps prevent the distribution of unsolicited emails.

Transactional messages

Transactional Messages are communications sent in response to an action taken by an email recipient, such as order confirmations or notifications related to the ongoing use of a product or service. These messages must be directly related to the recipient's interactions with your product or service and should not be used to send bulk emails or promote unrelated commercial activities. The primary purpose of Transactional Messages is to facilitate a transaction or provide updates related to a user's account or purchase.

Intellectual property

Mageplaza services

Mageplaza owns the Services and all related intellectual property rights, including but not limited to trademarks, design marks, trade dress, domain names, service names, logos, and associated designs ("Trademarks"). All rights, titles, and interests in and to the Services not expressly granted under these Terms are reserved by Mageplaza. Unauthorized use of our Trademarks and other intellectual property is strictly prohibited and may result in legal action.

Feedback

Any feedback, suggestions, comments, or ideas ("Feedback") you provide to Mageplaza regarding the Services can be used by Mageplaza for any purpose, including commercial purposes, without any obligation to you. You agree that Mageplaza shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited, and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works from any Feedback provided by you.

User content

You retain ownership of all content, including text, images, video, audio, and other material ("User Content"), that you upload, publish, transmit, link to, or otherwise make available through the Services. By uploading or sharing User Content, you grant Mageplaza a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index, and archive User Content or to incorporate it in other works in any form, media, or technology. This license is for the purpose of providing the Services and improving our products and services. You are solely responsible for the User Content you upload or share through the Services, and you must have the necessary rights and permissions to grant this license to Mageplaza.

Payment

Charges

Payments for the Services are processed through Shopify if you are using the Shopify platform, and the charges will appear in your Shopify billing. If you are using another platform, such as Magento or a custom platform, payments will be processed through PayPal. You agree to pay all charges associated with your account promptly.

Refunds

To ensure customer satisfaction, Mageplaza offers a 30-day money-back guarantee for all our services. If you are dissatisfied with your subscription for any reason within 30 days of purchase, you can request a full refund. To request a refund, please submit a request containing your app ID or email address via our contact form or support email.

Privacy & data

Privacy policy

The collection, use, and disclosure of personal data by Mageplaza are governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy carefully before using the Services. For the purposes of these Terms, "personal data" has the same meaning as defined in the EU General Data Protection Regulation 2016/679 (GDPR).

Email record retention

You acknowledge and agree that Mageplaza may, at its sole discretion, permanently erase email records (e.g., copies of sent emails and related information) 35 days after the emails are sent. Mageplaza has no obligation to retain these records beyond this period.

User content retention

If your account is suspended or canceled for more than 30 days, Mageplaza may, at its sole discretion, permanently erase any User Content and any other information or materials associated with your account. This includes content you have uploaded, published, transmitted, linked to, or otherwise made available through the Services.

Confidentiality

"Confidential Information" refers to any non-public information or materials disclosed by Mageplaza that are reasonably considered confidential or proprietary. This includes, but is not limited to, trade secrets, software (source code and object code), specifications, designs, data, prototypes, research, processes, marketing strategies, pricing policies, and financial information. You agree to keep all Confidential Information strictly confidential and to use it solely for purposes related to your use of the Services. You are prohibited from disclosing Confidential Information to any third party without Mageplaza's prior written consent.

Term and termination

Term

These Terms commence on the date you first register for, access, or use the Services and continue until your account is canceled, unless terminated earlier in accordance with these Terms.

Termination by user

You may cancel your account at any time by sending a cancellation request to our support team via [email protected]. Upon receiving your cancellation request, Mageplaza will process the termination of your account within a reasonable timeframe.

Termination by Mageplaza

Mageplaza reserves the right to suspend or cancel your account at its sole discretion and at any time, with or without cause, and with or without prior notice. Grounds for such termination may include, but are not limited to, violations of these Terms, unacceptable use of the Services, or legal or regulatory reasons. If your account is terminated without cause, Mageplaza will refund any unused credit remaining in your account.

Effects of termination

Upon termination of these Terms for any reason:

  • Any rights and licenses granted to you under these Terms will terminate immediately.
  • You must cease all use of the Services and delete any copies of associated software or materials.
  • Mageplaza will permanently erase any User Content and other information or materials associated with your account, except as required by law or as provided in our Privacy Policy.
  • Upon request within 70 days of termination, Mageplaza will provide you with a list of unsubscribe requests received by your account.

Disclaimer of Warranties

General disclaimer

The Services are provided on an "as-is" and "as-available" basis. Mageplaza makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Services, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy. Mageplaza does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

No liability for third-party services

Mageplaza does not warrant, endorse, guarantee, or assume responsibility for any third-party products or services that may be accessed or used through the Services. Any interactions with third-party services are solely between you and the third party, and Mageplaza shall not be liable for any damages or losses arising from such interactions.

No warranty for results

Mageplaza makes no warranty or guarantee regarding the results that may be obtained from the use of the Services. You acknowledge that any reliance on the accuracy, completeness, or usefulness of the Services is at your own risk.

Limitation of liability

Exclusion of certain damages

To the fullest extent permitted by law, Mageplaza shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort (including negligence), or otherwise, arising out of or related to your use of the Services, even if Mageplaza has been advised of the possibility of such damages.

Limitation of liability

In no event shall Mageplaza's total aggregate liability for all claims arising out of or related to these Terms or your use of the Services exceed the amount you paid to Mageplaza for the Services in the twelve (12) months preceding the event giving rise to the liability. The existence of more than one claim will not enlarge this limit.

Indemnification

Indemnification by you

You agree to indemnify, defend, and hold harmless Mageplaza, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), arising out of or related to:

  • Your use of the Services;
  • Your breach of these Terms or any other applicable rules, policies, or guidelines;
  • Your violation of any applicable law, rule, or regulation;
  • Your User Content, including any claims of infringement or misappropriation of intellectual property or other proprietary rights.
Indemnification procedure

Mageplaza will promptly notify you of any claim for which it seeks indemnification and will provide you with reasonable cooperation, at your expense, in the defense of the claim. You may not settle any claim without the prior written consent of Mageplaza, which consent shall not be unreasonably withheld. Mageplaza reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Continuing obligations

Your indemnification obligations under this Section shall survive the termination of these Terms and your use of the Services.

Contact us

If you have any questions about our Terms of Service, please contact us via [email protected].

Thank you for using Mageplaza’s apps and services.