By using the Shop Circle Holdings Ltd (trading as Keystone) Applications, you are agreeing to be bound by the following terms and conditions ("Terms of Use"). You must read, agree to and accept all of the terms and conditions contained in the Terms of Use, applicable API license agreements, and Privacy Policy (and any applicable data protection addendum, or "DPA").
Your agreement with us includes these Terms of Service, the API License Agreement, Privacy Policy and DPA (if applicable). Read them all. Collectively they set out your legal obligations and requirements when using our services or applications.
These Terms of Use ("Terms", "Terms of Use") govern your relationship between you and Shop Circle Holdings Ltd (trading as Keystone), One Kingdom Street, Paddington Central, London W2 6BD, United Kingdom ("Keystone", "us", "we", or "our"), a company incorporated in England and Wales, in relation to the use of the website (the "Service") as operated by Shop Circle Holdings Ltd.
Shop Circle Holdings Ltd reserves the right to update or modify these Terms from time to time at its sole discretion. Your continued use of the Services after any changes constitutes acceptance of the new Terms.
These Terms of Use are applicable to visitors, users, and others who access or use the Services, Applications, and others.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services or Applications.
1. Our Services and Applications
We develop and make available to you applications and services which are designed to enhance your e-commerce platform. Our e-commerce applications are built to provide additional features to your existing e-commerce store. In some cases, our services and applications may permit you to receive, sell, and otherwise use material which is uploaded by third parties. We can also provide detailed, custom tech stack reviews and a variety of other e-commerce services.
The specifics of each aspect of the Services (including technical details, support and pricing information) are posted on our website, as we may amend them from time to time, as well as in any applicable statement of work we may issue to you, in respect of the Services or Applications.
We make reasonable efforts to explain each Service's and Application's features to you on our website, but we can't guarantee a Service or Application will look or perform exactly like it appears on a demo page. If you have any questions about any terms or details of any of our Services or Applications, please reach out to us at the contact information below.
Shop Circle Holdings Ltd shall use commercially reasonable efforts to provide technical support for Services or Applications. We are not responsible for providing technical support for any applications, products, or services provided to you by third parties.
2. Shopify Platform
The Keystone applications are designed to operate within the Shopify e-commerce platform. Your use of the Shopify platform is subject to Shopify's own terms of service and policies. We are not responsible for the availability, performance, or policies of the Shopify platform. In the event of any conflict between these Terms and Shopify's terms regarding the use of our applications, these Terms shall prevail to the extent permitted.
3. Eligibility
In order to use the Services or Applications, you must:
- be at least eighteen (18) years old and able to legally undergo contractual obligations;
- agree to these Terms;
- provide true, complete, and up-to-date contact and information; and
- not be – either individually or as part of a group, entity or state, subject to UK, EU, US, and UN sanctions, embargoes, and bans that prohibit the use of this Service
By using the Service, you represent and warrant that you meet all the requirements listed above and that you won't use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Shop Circle Holdings Ltd may refuse service, close accounts of any users, and change eligibility requirements at any time.
4. Subscriptions
Some parts of the Service are billed on a subscription basis ("Plan(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly basis, depending on the subscription plan you select when purchasing a Subscription. A minimum number of Billing Cycles may apply to a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Shop Circle Holdings Ltd cancels/changes it. You may cancel your Subscription renewal either through your online account settings page or by contacting Shop Circle Holdings Ltd customer support team, taking into account a notice period of at least 30 days.
A valid payment method, including a credit card, Shoppay, GooglePay, or ApplePay, is required to process the payment for your Subscription. You shall provide Shop Circle Holdings Ltd with accurate and complete billing information including full name, address, state, zip code, country, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Shop Circle Holdings Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
5. Free Plan
Shop Circle Holdings Ltd may, at its sole discretion, offer a Subscription free of charge (a "Free" plan). You will not be charged by Shop Circle Holdings Ltd for using the Free plan.
At any time and without notice, Shop Circle Holdings Ltd reserves the right to (i) modify the terms of use of the Free plan offer, or (ii) cancel such Free plan offer.
6. Fee Changes
Shop Circle Holdings Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change shall become effective at the end of the then-current Billing Cycle.
Shop Circle Holdings Ltd shall provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such modifications become effective.
Your continued use of the Service after the modification of the Subscription fee comes into effect constitutes your agreement to pay the modified Subscription fee amount.
7. Authorized Use of the Service or Application
You may only use the Service for applicable lawful purposes and in a manner consistent with the nature and purpose of Shop Circle Holdings Ltd.
The use of our Services for anything other than its intended use is strictly prohibited. This shall include, but not be limited to the following:
- Using the service for any unlawful purpose or in violation of any applicable law or regulation;
- Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Service;
- Attempting to interfere with the proper functioning of the Service;
- Using the service to distribute malware, spam, or other harmful content;
- Attempting to access any areas of the Service that you are not authorized to access;
- Using automated means such as bots, scrapers, or spiders to access or interact with the service without our express written consent;
- Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
- Collecting, storing, or sharing other users' personal information without their consent.
8. Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Shop Circle Holdings Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom, the European Union, and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shop Circle Holdings Ltd.
All intellectual property rights in the Keystone applications, including but not limited to software, algorithms, user interface designs, documentation, and all improvements, modifications, or derivative works thereof, are and shall remain the exclusive property of Shop Circle Holdings Ltd. Nothing in these Terms grants you any right, title, or interest in our intellectual property other than the limited licence to use the Services in accordance with these Terms.
9. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Shop Circle Holdings Ltd.
Shop Circle Holdings Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Shop Circle Holdings Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
10. Termination
We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination of your access to the Services for any reason, Shop Circle Holdings Ltd shall, at your written request made within thirty (30) days of termination, delete or return all personal data processed on your behalf, unless applicable law requires continued storage. After such thirty (30) day period, Shop Circle Holdings Ltd may delete all such data without further notice.
11. Data Protection
Shop Circle Holdings Ltd processes personal data in accordance with applicable data protection legislation, including the UK GDPR (the EU GDPR as retained in UK law by the European Union (Withdrawal) Act 2018), the Data Protection Act 2018, and the EU GDPR (Regulation (EU) 2016/679). Full details of our data processing practices are set out in our Privacy Policy and, where applicable, our Data Processing Addendum. By using our Services, you acknowledge that you have read and understood our Privacy Policy.
12. Limitation Of Liability
In no event shall Shop Circle Holdings Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.
Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be limited or excluded under the laws of England and Wales. If you are a consumer, nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
13. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
15. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
16. Contact Us
If you have any questions about these Terms, please contact us at info@key-stone.app.