Terms of Service
General
Binding agreement
These terms and conditions (the βTermsβ or the βAgreementβ) set forth the terms and conditions that apply to your purchase and use of a Product from Pandectes. By purchasing or using a Product you acknowledge and agree that you accept and are legally bound by these Terms. If you do not accept these Terms, you must not use the Products. If you are dissatisfied with these Terms, your sole and exclusive remedy is to discontinue use of the Products.
Amendments
Pandectes may update these Terms at any time, without notification to you, and you should review these Terms from time to time by accessing this webpage. Your continued used of a Product will be deemed irrevocable acceptance of any such revisions.
Ability to enter into these Terms
In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms.Β It is your responsibility to ensure that you are legally eligible to enter into these Terms under any laws applicable to you.Β If you accept these Terms, you represent that you have the capacity to be bound by it.
Definitions
When used in these Terms, the following terms have the following meanings:
- βConfidential Informationβ means all non-public, confidential, or proprietary information disclosed by either party (the βDisclosing Partyβ) to the other party (the βReceiving Partyβ), whether orally or in writing, either designated as confidential or not. Confidential Information includes, without limitation, all information relating to business plans and strategies, financial information and projections, pricing and fee structures, customer and user data, marketing and sales information, product roadmaps and development plans, software source code and object code, technical specifications and documentation, system designs, architecture, and configurations, internal policies and procedures, operational processes, employee and contractor information, and any third-party information that the Disclosing Party is obligated to keep confidential. Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Agreement by the Receiving Party; (b) is rightfully received by the Receiving Party from a third party without restriction; (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Partyβs Confidential Information; or (d) is approved for release in writing by the Disclosing Party.
- βDate of Purchaseβ means the date on which a commercial transaction with Pandectes occurs.
- βEnd Product(s)β means a single instance of a Pandectes app having been installed for a store.
- βIntellectual Property Rightsβ means any and all proprietary rights, titles, and interests, including, but not limited to, trademarks, patents and copyrights, as existing and recognized anywhere in the World on the Date of Purchase or thereafter.
- βProduct(s)β means any paid for item, subscription, or service offered by Pandectes.
- βProduct Update(s)β means subsequent updates to a Product released by Pandectes for the purposes of, but not limited to, fixing bugs or adding features.
- βSupported Browser(s)β means, subject to an express statement to the contrary, (i) the most recent stable release version of Chrome, Firefox, or Safari; and (ii) Internet Explorer 11 and above.
- βUnsupported Browser(s)β means any browser not listed as a Supported browser.
Service Availability Commitment
Pandectes is dedicated to maintaining a reliable service with a target monthly uptime of at least 99.9% during any calendar month (the “Service Commitment”). We employ commercially reasonable efforts to ensure that our Service is available, closely monitored, and maintained at the highest levels of reliability.
The Service Commitment excludes any downtime directly and exclusively caused by:
- (i) Circumstances beyond our reasonable control, including any force majeure events;
- (ii) Breaches of these Terms by you;
- (iii) Defects in equipment, software, or technology managed by you or any third party; and
- (iv) Scheduled or emergency maintenance.
Our systems are monitored 24 hours a day, 7 days a week, 365 days a year. In the event of a critical service issue, we aim to respond within 30 minutes and provide regular updates until the issue is resolved. We commit all reasonable resources to ensure the swift resolution of critical issues and endeavor to resolve any critical bugs within 5 working days.
We carefully plan maintenance activities to minimize disruption. All planned maintenance is published on our status page. For maintenance exceeding 20 minutes, notifications will be sent via email; for shorter maintenance windows, alerts will be provided through in-app banners.
Should any security vulnerabilities be detected that could impact our ability to uphold this Service Commitment, Pandectes will notify affected users and partners within 24 hours of discovery.
Fees and Payment Terms
Access to the Product is provided on a subscription basis. You agree to pay all applicable fees associated with your selected subscription plan, as displayed in the Shopify App Store and within the app at the time of installation or upgrade.
All fees are billed and collected through Shopifyβs billing platform in accordance with their Shopify App Store Terms of Service. By installing or using the Product, you authorize Shopify to charge the applicable subscription fees to the payment method associated with your Shopify account.
Fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes (excluding taxes based on our income), including VAT or sales tax, if applicable.
All fees are non-refundable, including in cases of early termination, partial use, or failure to use the Services, except as otherwise required by applicable law or expressly stated in our refund policy (if any).
We reserve the right to modify our pricing or introduce new charges at the end of your current billing cycle. Any changes to fees will be communicated to you in advance via email or through the app and will only take effect upon renewal of your subscription.
Acceptable Use Policy
You agree that you will not use the Products in a manner that:
- infringes, violates or misappropriates any third partyβs intellectual property or other proprietary rights;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libellous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of anotherβs privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Pandectes;
- impersonates a Pandectes employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Products or prevents others from using the Products, or that otherwise negatively affects other personsβ ability to use the Products;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- attempts to gain unauthorized access to the computer systems of Pandectes or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Products;
- decompiles or reverse engineers or attempts to access the source code of the software underlying the Products or any other Pandectes technology;
- except as otherwise expressly permitted under these Terms, copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Products; or
- accesses the Products for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Products.
Shopifyβs Acceptable Use Policy.Β In addition to the requirements set forth in previous section, you agree that you will not use the Products in a matter that violates Shopifyβs acceptable use policy violates Shopifyβs acceptable use policy, available atΒ Shopify AUP. If Pandectes receives notice or otherwise determines that you have violated the Shopify AUP, or if Pandectes receives notice that your Shopify account has been terminated, Pandectes, may in its sole discretion terminate these Terms and your licenses and rights to use the Products without penalty.
Term and Termination
This Agreement shall commence on the date you subscribe to the Services through the Shopify App Store and shall continue for the duration of the subscription period you select (the βSubscription Termβ). Renewal of the Subscription Term will occur in accordance with the options and preferences you set via the Shopify platform, and any renewal shall be subject to the then-current terms and pricing unless otherwise stated.
Either party may terminate this Agreement immediately and without penalty, upon written notice, if the other party materially breaches any of its obligations under this Agreement. Without limiting the foregoing, violations of Pandectesβ and/or Shopifyβs Acceptable Use Policy, unauthorized use of the Product, or failure to pay applicable fees shall constitute material breaches.
Upon termination or expiration of this Agreement for any reason, all rights granted to you under this Agreement shall immediately cease, and you shall immediately cease all use of the Product. No refunds, credits, or pro-rated payments will be issued for any unused portion of the Subscription Term, except as required by applicable law.
Any provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and payment obligations.
Confidentiality
The Receiving Party agrees to: (a) protect the Disclosing Partyβs Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) not disclose the Disclosing Partyβs Confidential Information to any third party without the Disclosing Partyβs prior written consent, except to its employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations at least as restrictive as those herein; and (c) use the Disclosing Partyβs Confidential Information only as necessary to perform its obligations or exercise its rights under this Agreement.
If the Receiving Party is required by law, regulation, or court order to disclose any Confidential Information, it shall (if legally permitted) provide the Disclosing Party with prompt written notice to allow the Disclosing Party an opportunity to seek a protective order or otherwise prevent or limit such disclosure. The Receiving Party shall disclose only the portion of Confidential Information that it is legally required to disclose.
The obligations under this Section shall survive for a period of two (2) years after the termination or expiration of this Agreement, except for trade secrets, which shall remain confidential for so long as they remain trade secrets under applicable law.
Intellectual Property
All intellectual property rights in and to the Products, including but not limited to the app, website, software, code, technology, designs, trademarks, logos, text, graphics, interfaces, look and feel and all related documentation and content, are and shall remain the exclusive property of Pandectes or its licensors. Except for the limited rights expressly granted to you in this Agreement, no other rights, title, or interest in or to the Products or any related intellectual property are granted to you, whether by implication, estoppel, or otherwise.
Subject to the terms of this Agreement and your payment of all applicable fees, Pandectes grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Product during your Subscription Term solely for your personal or internal business purposes, as applicable.
You agree not to: (a) copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Product; (b) sell, resell, distribute, license, sublicense, rent, lease, or otherwise commercially exploit the Product; (c) use the Product to develop a competing product or service; or (d) remove, obscure, or alter any proprietary notices or labels.
If you provide any suggestions, comments, or feedback regarding the Product (βFeedbackβ), such Feedback shall be deemed non-confidential and the sole property of Pandectes. We may use and incorporate your Feedback without restriction or obligation to you.
You retain all ownership rights to any data, content, or materials you submit, upload, or otherwise transmit to the Product (βYour Contentβ). You grant Pandectes a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and process Your Content solely as necessary to provide the Product to you.
Data Protection
We are committed to protecting your personal data and complying with applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 (βGDPRβ) and any applicable implementing or supplementary laws in the relevant jurisdictions. To the extent we process any personal data on your behalf as a data processor (as defined under the GDPR), such processing will be carried out in accordance with our Data Processing Agreement (βDPAβ), which forms part of this Agreement and governs our roles and responsibilities regarding the collection, use, and protection of your personal data. For more information on how we collect, use, and protect your personal data when acting as a data controller (e.g., in relation to your account registration or use of our services), please review our Privacy Policy.
Newsletter
Our newsletter contains important information about product releases and critical updates. You can unsubscribe by clicking the βunsubscribeβ link at the bottom of each newsletter.
Publicity
Pandectes may refer to you as a user or customer of the Product and may use your name, logo, and general description of your use of the Product in marketing materials, website, press releases, and other promotional efforts. Any such references will be factual and professional in nature. If you prefer not to be identified or included in such materials, you may object by providing written notice to us at any time. Upon receiving your objection, we will promptly cease further public use of your name, logo, or related references.
Changes to Terms
We may modify or update these Terms from time to time to reflect changes in the Product, business practices, or legal obligations. Where such changes are minor or do not materially affect your rights or obligations, they will take effect immediately upon posting the updated Terms on our website or within the Product environment.
If we make changes that materially and/or negatively affect your rights or use of the Product, we will provide you with at least 30 daysβ advance notice, either via email or through the Product environment. In such cases, the changes will become effective only at the start of your next billing cycle following the notice period.
By continuing to use the Product after any changes take effect, you agree to the revised Terms. If you do not agree to the updated Terms, you may terminate your subscription in accordance with these Terms.
Warranties
General
Pandectes warrants that all Products are developed and maintained in accordance with applicable industry standards. All Products have been subject to internal quality assurance reviews and have been deemed fit for commercial sale.
Browser support
All Pandectes apps are, subject to reasonable limitations, visually consistent and are functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due a browserβs technical limitations, Pandectes will use its discretion to implement a reasonable alternative.
Disclaimer
EXCEPT AS OTHERWISE SET FORTH IN SECTION 12 OR 13: (I) YOUR USE OF THE PRODUCTS ARE AT YOUR SOLE RESPONSIBILITY AND RISK; (II) THE PRODUCTS ARE PROVIDED ON AN βAS ISβ AND βAS AVAILABLEβ BASIS; AND (III) PANDECTES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
Exclusions of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL PANDECTES OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF PANDECTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR YOUR INABILITY TO USE THE PRODUCTS, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS.Β PANDECTESβS TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.Β TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PANDECTESβS LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
PANDECTES IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH PRODUCTS ARISING FROM (I) IMPROPER INSTALLATION OF THE PRODUCT; OR (II) ANY USE OF THE PRODUCT FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS BEING OFFERED BY PANDECTES; OR (III) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY PANDECTES; OR (IV) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT AFTER THE DATE OF PURCHASE; OR (V) FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WHICH ARISE EXCLUSIVELY ON UNSUPPORTED BROWSERS.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE PRODUCTS AND/OR THESE TERMS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
You agree that you will not bring a claim under or related to these Terms more than twelve (12) months from when your claim first arose.
Governing Law and Jurisdiction
By accessing this Site, the Services and Materials you agree that all matters relating to your access to, or use of, this Site, the Services and Materials shall be governed by the statutes and laws of Greece, without respect to conflicts of laws principles thereof. Any disputes arising out of the use of this Site will be subject to the exclusive jurisdiction of the Courts of Athens, Greece.
Miscellaneous
Pandectes reserves the right, at any time and without cost, charge or liability, to terminate these Terms and your licenses and rights to use the Products in the event you fail to comply with the terms and conditions of these Terms.
If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
You agree that if Pandectes does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Pandectes has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pandectesβs rights and that those rights or remedies will still be available to Pandectes.
These Terms are the entire agreement between you and Pandectes related to the subject matter in these Terms.Β These Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by Pandectes, regardless of whether or not the parties act under an unsigned βelectronicβ agreement or rely on such an unsigned agreement.
Contacting Pandectes
You may contact Pandectes by email at info[at]pandectes.io.