1. Account Terms
1. You must be at least 18 years old or have reached the legal age required to reside in or use the Services in your jurisdiction.
2. You must hold all qualifications required to operate legally where you reside or use the Services, including, without limitation, a valid business license and completed tax registrations, and you must comply with all local laws governing your business.
3. To access and use the Services, you must provide your full legal name, current address, telephone number, a valid email address, and any other information we require. You must ensure that this information is authentic and accurate; otherwise, we may reject your application or terminate the Services at any time.
4. You agree that the email address you provide will be the primary method of communication.
5. You are responsible for keeping your account password secure. Shoprise is not liable for any loss or damage resulting from your failure to maintain the security of your account and password.
6. You are responsible for all activity on your account, including, without limitation, materials that are uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited, such as images, photographs, graphics, audio, video, written content, code, information, or data.
7. If you violate any provision of these Terms, we may unilaterally terminate this agreement and stop providing the Services.
Notes
You are responsible for your account and all materials uploaded to Shoprise. If you violate these Terms, we may cancel the Services.
If we need to contact you, we will send you an email.
2. Account Activation
2.1 Shoprise Account
1. Subject to Section 2.1.2, for the purposes of these Terms, the person registering for the Services is the account owner and is authorized to use the related Services we provide to the account owner.
2. If you register for the Services on behalf of your employer, your employer is the account owner. You represent and warrant that your employer agrees to be bound by these Shoprise Terms of Service.
2.2 Checkout Account
1. We work with multiple payment service providers. You may select payment methods on the settings page in the Shoprise admin and configure other payment channels according to your customers' payment needs.
2. For the avoidance of doubt, payment channels are Third-Party Services as defined in Section 11 of these Terms.
3. General Terms
1. Before becoming a Shoprise member, you must read, agree to, and accept all terms and conditions contained in these Terms of Service, including the Shoprise User Agreement and Privacy Policy.
2. These Terms of Service are governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict-of-law principles. Both parties agree that any dispute or claim arising from these Terms will be subject to the jurisdiction of the competent courts in Hangzhou, Zhejiang Province, People's Republic of China.
3. You acknowledge and agree that Shoprise may amend these Terms at any time by posting revised and restated Terms of Service on the Shoprise website. Such amendments take effect on the date they are posted. Your continued use of the Services after the revised Terms are posted constitutes your agreement to and acceptance of the revised Terms. If you do not agree to any change, you must stop using the Services.
4. You may not use the Shoprise Services for any illegal or unauthorized purpose, or violate any law in your jurisdiction, the jurisdiction of your customers, or China while using the Services, including, without limitation, copyright laws. You must comply with all applicable laws and regulations when using the Services.
5. You may not purchase domain names, search-engine keywords, or other pay-per-click keywords that use Shoprise, Shoprise trademarks, or any variation or misspelling thereof.
6. Without Shoprise's written permission, you may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services for the benefit of an unauthorized third party.
7. Questions about these Terms of Service should be sent to service@shoprise.com.
8. You understand that your content, excluding credit-card information, may be transferred without encryption and may involve transmissions over various networks and changes made to conform and adapt to technical requirements of connecting networks or devices. Credit-card information is always encrypted during transfer over networks.
9. You acknowledge and agree that information involved in your use of the Services, including information transmitted to or stored by Shoprise, is protected by and subject to the Privacy Policy.
10. These Terms may be available in languages other than Chinese. If any conflict or inconsistency exists between language versions, the latest Chinese version of the Shoprise Terms of Service prevails.
11. All provisions of the Shoprise Terms of Service are binding upon and benefit the parties and their respective heirs, successors, permitted assigns, and legal representatives. Shoprise may assign these Terms without notice to or consent from you. You may not assign or otherwise transfer these Terms, or any rights or obligations under them, to a third party without Shoprise's prior written consent.
Notes
You may not use the Shoprise Services for any illegal purpose.
Any dispute will be handled by a competent court in Hangzhou, Zhejiang Province, China.
Your content may be transferred without encryption and may be changed in transit, but credit-card information is always encrypted.
4. Shoprise Rights
1. We reserve the right to modify or terminate the Services for any reason without notice.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. If we determine that goods, services, or materials offered or posted by a store violate the Shoprise User Agreement, we may remove the materials and suspend or terminate the account.
4. Shoprise does not pre-screen materials and may, at its sole discretion, refuse or remove any materials from the Services.
5. We reserve the right to provide the Services to your competitors and do not promise exclusivity in any particular market segment. You further acknowledge and agree that Shoprise partners may also be Shoprise customers or merchants and may compete with you.
6. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm ownership. Documentation may include, without limitation, a scanned copy of your business license, government-issued photo identification, or the last four digits of the credit card on file.
7. We may determine the lawful account owner and transfer the account to that owner. If we cannot reasonably determine the lawful owner, Shoprise may temporarily disable the account until the disputing parties reach a resolution.
Notes
We may modify, cancel, or refuse the Services at any time.
If ownership of a Shoprise account is disputed, we may freeze the account or transfer it to the lawful owner.
5. Limitation of Liability
1. You expressly understand and agree that Shoprise is not liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of or inability to use the Services, including, without limitation, loss of profits, goodwill, data, or other intangible losses.
2. Under no circumstances is Shoprise liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our website, the Services, or these Shoprise Terms of Service, including damages caused by negligence. You agree to indemnify and hold harmless Shoprise, its officers, directors, agents, employees, and suppliers from claims arising from your breach of these Terms or incorporated documents, including the Shoprise User Agreement, or your violation of any law or third-party right, and to reimburse related litigation costs and damages, including reasonable attorneys' fees.
3. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any express, implied, or statutory warranties or conditions.
4. Shoprise does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5. Shoprise does not warrant that results obtained through use of the Services will be accurate or reliable.
6. Shoprise does not warrant that the quality of any products, services, information, or other materials purchased or obtained through the Services will meet your expectations, or that any errors in the Services will be corrected.
Notes
We are not responsible if you violate the law, these Terms, or a third party's rights, or if you are sued as a result.
The Services are provided "as is" and may contain errors or interruptions. We provide no warranty.
6. Waiver and Entire Agreement
Shoprise's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and the documents incorporated by reference constitute the entire agreement between you and Shoprise, govern your use of the Services, and supersede any prior agreements between you and Shoprise, including any prior version of the Terms of Service.
Notes
If Shoprise does not enforce a provision at a particular time, it does not waive the right to enforce it later. These Terms form the agreement that applies to you and prevail over any conflicting agreement between you and Shoprise.
7. Intellectual Property and Customer Content
1. You retain intellectual-property rights in all materials you provide through the Shoprise Services. All materials you upload remain yours. You may delete your Shoprise store at any time by deleting your account.
2. By uploading materials, you agree to: (a) allow other internet users to view materials you publicly post to your store; (b) allow Shoprise to store and display those publicly posted materials; and (c) allow Shoprise to review materials submitted to the Services at any time, although Shoprise has no obligation to do so.
3. You retain ownership of all materials uploaded to your Shoprise store. To make your store public, however, you agree to allow others to view materials you publicly post. You are responsible for ensuring that those materials comply with all applicable laws and regulations.
4. We will not disclose your confidential information to third parties unless disclosure is required in the course of providing the Services. Confidential information includes any non-public materials or information you provide to us. It does not include information that: (a) was public when we received it; (b) became public after we received it through no fault of ours; (c) we received from a person other than you without breaching any confidentiality obligation; or (d) we are required by law to disclose.
5. Shoprise has a non-exclusive right and license to use names, registered trademarks, service marks, and brand logos associated with your store to market the Shoprise Services.
Notes
Anything you upload remains yours, and you are fully responsible for it.
8. Theme Store
1. You may build your own Shoprise store by customizing and using design templates from the Shoprise Theme Store. You may add Theme Store templates to your store.
2. You may modify a theme to suit your store. Shoprise may, at its discretion, add or modify footer content that references Shoprise and may modify content that violates the Shoprise User Agreement or these Terms. Shoprise may also modify themes as needed to reflect technical changes and updates.
3. Intellectual-property rights in a theme belong to its designer. If you exceed the rights granted by your purchase of a theme, the designer may take legal action and Shoprise may take administrative action, including modifying or closing your store.
4. You are responsible for ensuring that a newly installed template does not overwrite or damage your current or saved themes or user interface. Shoprise is not liable for any resulting loss or damage.
Notes
You may add templates to your Shoprise store and customize them to suit your store, but you must respect the rights of the template owner. Themes may be updated, changed, or removed over time.
9. Cancellation and Termination
1. You may cancel your account at any time by emailing service@shoprise.com and following the specific instructions in Shoprise's reply.
2. When either party terminates the Services for any reason:
• Shoprise will stop providing the Services and you will no longer be able to access your account;
• Unless otherwise provided in these Terms, you are not entitled to a refund or prorated refund of any fees;
• Any outstanding balance you owe for use of the Shoprise Services becomes immediately due and payable in full on the effective date of termination;
• Your store website will be taken offline.
3. If your store has unpaid fees, Shoprise may suspend some or all permissions and functions of your store. If you do not settle the balance within 30 days, Shoprise will immediately delete all store data and terminate the Services.
4. We reserve the right to modify or terminate the Shoprise Services or your account for any reason without notice.
5. Fraud: Shoprise may suspend or terminate your account if we suspect that you are involved in fraudulent activity.
Notes
To terminate your account, email service@shoprise.com. Shoprise will reply with the specific termination steps.
We may modify or cancel your account at any time. If we suspect fraud, we will suspend or terminate your account.
10. Changes to the Services and Prices
1. Shoprise reserves the right to modify or discontinue the Services, or any part of them, at any time without notice.
2. Shoprise reserves the right to modify or terminate the Services, or any part of them, at any time with or without notice.
3. Shoprise is not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
Notes
We may change or terminate the Services at any time without liability.
11. Third-Party Services
1. In addition to these Terms, you agree to comply with any additional service-specific terms applicable to services you purchase from or that are provided by third parties.
2. From time to time, Shoprise may recommend, provide access to, or enable third-party software, applications, products, services, or website links for your consideration or use, including through Shoprise applications or pages. These are collectively referred to as "Third-Party Services." They are provided solely as a convenience, and your purchase of, access to, or use of any Third-Party Service is solely between you and the applicable third-party provider. In addition to these Terms, you agree to be bound by any service-specific terms applicable to services purchased from or provided by that third party.
3. We make no warranties regarding Third-Party Services. You acknowledge that Shoprise does not control Third-Party Services and is not responsible or liable to anyone for them. Shoprise does not guarantee their availability and may disable access to any Third-Party Service at any time, in its sole discretion and without notice. Shoprise is not liable to anyone for suspending or disabling access to a Third-Party Service.
4. If you install or enable a Third-Party Service while using the Services, you authorize the applicable provider to access your data and take actions necessary for interoperability between that Third-Party Service and the Services. Any exchange of data or other interaction between you and a third-party provider is solely between you and that provider. Because Third-Party Services and providers may access your data and other materials, Shoprise is not liable for disclosure, modification, or deletion of your data or other materials, or for any resulting loss or damage.
5. Under no circumstances is Shoprise liable for any direct, indirect, incidental, special, punitive, or other damages caused by a Third-Party Service or your relationship with a third-party provider. These limitations apply to the maximum extent permitted by applicable law.
6. Your relationship with any third-party provider is strictly between you and that provider. Shoprise has no obligation to intervene in any dispute between you and a third-party provider.
7. You agree to indemnify and hold harmless us and, where applicable, our parent company, subsidiaries, affiliates, Shoprise partners, officers, directors, agents, employees, and suppliers from any claims or demands, including reasonable attorneys' fees, arising from your use of Third-Party Services or your relationship with a third-party provider.
Notes
We are not responsible for Third-Party Services, so you use them at your own risk. If you use a Third-Party Service on the Shoprise platform, you permit us to send your data to that service. We provide no warranty for such services, so consult us beforehand if necessary.
12. Beta Services
1. Shoprise may, from time to time and at its sole discretion, invite you to use pre-release or beta features that are still under development and are not yet available to all merchants.
2. Beta Services may be subject to additional terms and conditions, which Shoprise will provide before you use them.
3. Beta Services and all related conversations and materials are Shoprise confidential information and are subject to the confidentiality provisions of this agreement.
4. Without limiting the foregoing, you agree not to make any public statement or otherwise disclose your participation in Beta Services without Shoprise's prior written consent.
5. Shoprise makes no representation or warranty regarding the operation of Beta Services and may terminate them at any time in its sole discretion. Shoprise is not liable for any injury or damage arising from or related to Beta Services.
6. Beta Services may operate differently from the final version. Shoprise may, in its sole discretion, change a Beta Service or decide not to release a final or commercial version.
13. Confidentiality Obligations
While using the Shoprise Services, you may receive information relating to Shoprise and/or the Shoprise Services that has not been disclosed to the public ("Shoprise Confidential Information"). You agree that: (a) Shoprise owns all rights in Shoprise Confidential Information; (b) you will not disclose Shoprise Confidential Information to any third party, except your affiliates, employees, contractors, or agents (collectively, "Representatives") who are bound by the same confidentiality obligations and restrictions under these Terms; and (c) you will take all reasonable measures to prevent Shoprise Confidential Information from being disclosed outside the scope permitted by these Terms.
Notes
If you receive Shoprise Confidential Information, you must protect it.
14. Privacy and Data Protection
Shoprise takes the privacy of personal information belonging to you and your users ("Personal Information") seriously. By using the Shoprise Services, you acknowledge and agree that Shoprise will comply with the Privacy Policy when collecting, using, and disclosing Personal Information.
Notes
Shoprise's collection and use of Personal Information will comply with the Privacy Policy.
15. Feedback
Shoprise welcomes ideas and suggestions for improving or expanding the Services. Any ideas, suggestions, related materials, or reviews of the Services, Third-Party Services, or third-party providers that you disclose (collectively, "Feedback") are not confidential and create no expectation of compensation. By providing Feedback to Shoprise, whether directly or through a Shoprise-sponsored forum or Shoprise-owned page, you waive all rights in the Feedback and authorize Shoprise to freely implement and use it as needed without permission from you or any third party. Any review of a Third-Party Service or provider that you submit must be accurate to the best of your knowledge and must not be unlawful, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual-property rights, otherwise injurious to third parties, or objectionable. Shoprise reserves the right, but has no obligation, to remove or edit Feedback concerning Third-Party Services or providers and has no obligation to regularly review posted Feedback.
Last updated: May 31, 2021
Effective date: May 31, 2021