Terms of service

These terms ("the Terms") are a binding agreement between Clever Little Cart, of the company’s postal address, in Settings ("we", "us", "our"), and the business that signs up for or uses Clever Little Cart ("you", "your"). Please read them carefully.

By ticking the box at sign-up, or by using the Service, you accept these Terms on behalf of your business, and you confirm that you have the authority to do so. If you do not accept them, do not use the Service.

1. Definitions

Service: Clever Little Cart: the online shop, point of sale (POS), dashboard, hosting, domains, emails and everything else we provide to you, including updates.
Shop: the online shop, POS and dashboard we provide to you under one account.
Plan: the subscription you choose, with its price, billing period and allowances.
Your Content: everything you or your Users put into the Service: products, photos, words, prices, customer and order records, and so on.
Users: the people you give access to your Shop's dashboard or POS.
Your Customers: the people who buy from, or deal with, your Shop.
Customer Data: the personal data of Your Customers and Users that we process on your behalf.
Policies: our Acceptable use policy, Privacy policy, Cookie policy, Data processing agreement, Service levels and, when you buy a domain through us, the Domain registration terms. They all form part of these Terms.

2. Who may use the Service

The Service is for businesses only. It is not offered to consumers, and you confirm that you are acting for the purposes of your trade, business or profession.
You must be at least 18 and able to enter into a binding contract.
You must not use the Service if you, or anyone who owns or controls your business, is subject to sanctions of the European Union, the United Nations, the United Kingdom or the United States, or is in a country or territory subject to comprehensive sanctions.
We may decline any sign-up, and we may ask you for information to confirm who you are and what you sell. If you do not provide it, or what you provide is false, we may refuse or suspend the Service.

3. The Service

We provide the Service as described on our website and in your dashboard at the time you use it. What each Plan includes, and its allowances, are on the pricing page and under Plan and billing in your dashboard.
We may improve, change or withdraw features. If a change materially reduces what your Plan gives you, we will tell you at least 30 days in advance, and you may cancel before it takes effect.
We may suspend the Service, in whole or part, where needed for security, maintenance or to comply with the law, as described in our Service levels.
Third-party services you connect to your Shop (such as Stripe, Google, Meta, your own mail server or domain registrar) are provided by those third parties under their own terms. We are not responsible for them.

4. Your account and your Users

Give us accurate and complete information, and keep it up to date.
You are responsible for your Users and for everything done under your account. Give each User only the access they need, using the roles and permissions in your dashboard.
Keep sign-in details confidential. Use two-factor sign-in. Tell us immediately at support@cleverlittlecart.com if you suspect unauthorised access.
We may act on instructions that appear to come from you, through your account or your registered email address.
Help from our support staff. So that we can help you, our support staff may sign in to your dashboard, unless you switch off Allow support access under Settings → Privacy. Each visit is for a reason we record, lasts at most an hour, and you are emailed when it starts. A banner shows while they are in, and everything they do is in your audit log under their name. A visit is to look only unless it is opened by one of the staff allowed to make changes. No visit can manage your Users or their roles, export or erase Your Customers' data, sign in as one of Your Customers, or change your payment settings. Switching it off ends any visit in progress and stops new ones.

5. Trials, fees and payment

Free trial

A Plan with a free trial charges nothing until the trial ends. A payment card is taken at sign-up. Unless you cancel before the trial ends, your subscription starts and the card is charged automatically.

Fees

Plans are paid in advance, monthly or yearly, by card through our payment provider, Stripe. Your subscription renews automatically at the end of each period until cancelled.
Prices are as shown when you sign up or renew, and include VAT where it applies. If you give us a valid EU VAT number and the reverse charge applies, or your business is outside the EU, you pay the price without VAT.
Changing Plan: you can move up or down at any time under Plan and billing. The difference is charged or credited for the rest of the period.
Allowances: storage, bandwidth and emails are measured. We tell you when you reach 80% of an allowance, and again if you go over it. Anything over your allowance at the end of a billing period is charged as additional packs, at the prices shown in your dashboard. Staff accounts and POS registers are counted: you cannot add more than your Plan allows until you buy an add-on or move up a Plan.
No fee on your sales: we take no cut or commission on what Your Customers pay you.
Price changes: we may change our prices with at least 30 days' notice. The new price applies from your next renewal after the notice period. If you do not agree, you may cancel before then.

Late or failed payment

If a payment fails, we will try again and tell you. Your Shop stays open for a 14-day grace period while you put it right. If the payment is still outstanding after that, we may suspend your Shop: it is closed to Your Customers and Users, and your data is kept. Amounts overdue may carry interest at the rate allowed by law.

Refunds

Fees are not refundable, including for part of a period, unused allowances or a Plan you moved down from, except where the law requires otherwise or these Terms say so.

Your sales

Payments by Your Customers go through your own account with the payment provider you choose, such as Stripe, under your own agreement with that provider. Its fees, chargebacks, disputes and refunds to Your Customers are between you, the provider and Your Customers. You are responsible for the taxes on your sales.

6. Your responsibilities

You are solely responsible for:

what you sell, its quality and safety, and your dealings with Your Customers;
your own terms of sale, returns policy, privacy notice and the other information the law requires you to give Your Customers, including under EU consumer law;
complying with all laws that apply to your business and your Shop: consumer protection, distance selling, product safety, labelling, pricing, tax and VAT, customs, data protection, electronic marketing and anti-spam;
the accuracy and lawfulness of Your Content;
obtaining any licences, permits and consents your business needs;
keeping your own copy of anything important to you. You can export your data at any time.

You must follow our Acceptable use policy.

7. Your Content and data

You keep all rights in Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, adapt (for example, resize images), display and transmit Your Content only as needed to provide, secure and support the Service, and for as long as we do.
You confirm that you have all rights needed to give us that licence, and that Your Content does not break the law or anyone's rights.
We process Customer Data as your processor under our Data processing agreement.
We may use anonymous, aggregated information about how the Service is used, which does not identify you, Your Customers or your Users, to run and improve the Service.

8. Our rights

The Service, its software, designs, templates and documentation, and our name and logos, belong to us or our licensors. We grant you a non-exclusive, non-transferable right to use the Service for your business during your subscription. You may not copy, modify, reverse engineer, resell or sublicense the Service, or use it to build a competing product. Suggestions you give us may be used freely.

9. Suspension

We may suspend your Shop, in whole or part, immediately and without liability, if:

you break our Acceptable use policy, or we reasonably believe your Shop is being used for something unlawful or harmful;
there is a risk to the security or integrity of the Service, other customers, Your Customers or anyone else;
your payment remains overdue after the grace period;
we are required to by law, a court, a regulator, our payment provider or our domain registrar.

Where it is reasonable to do so, we will tell you first and give you the chance to put things right. We will tell you the reasons for a suspension, as the Digital Services Act requires. Fees remain payable during a suspension that is caused by you.

10. Term, cancellation and ending

The agreement starts when you sign up and continues until ended by you or us.
You may cancel at any time under Plan and billing. Your Plan continues to the end of the period already paid for.
We may end the agreement: (a) immediately, if you materially or repeatedly break these Terms or the Policies, or if you become insolvent; or (b) for any other reason, with at least 60 days' notice, in which case we refund any fees paid for the period after the end date.
After the end: your Shop is closed. Your data is kept for 60 days, during which you may reactivate your Shop or export your data with Export everything. After that, it is permanently deleted, including from backups as described in our Data processing agreement, except for what we must keep by law.
Sections that by their nature should survive the end of the agreement survive it, including those on fees owed, liability, indemnity and law.

11. Confidentiality

Each of us will keep the other's confidential information confidential and use it only for this agreement, except where it is already public, was lawfully known before, or must be disclosed by law. Your Content and Customer Data are your confidential information.

12. Warranties and disclaimers

We will provide the Service with reasonable skill and care, and as described in our Service levels.
Otherwise, and to the fullest extent permitted by law, the Service is provided "as is" and "as available". We do not warrant that it will be uninterrupted or error-free, that it will meet your particular needs, or that any results (such as sales, search rankings or deliverability of emails) will be achieved.
We are not responsible for third-party services, Your Content, your Customers, or internet and telecommunications failures outside our control.
Nothing in the Service is legal, tax or accounting advice. Features such as VAT reports, invoices and legal page templates help you, but you remain responsible for checking they are right for your business.

13. Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
Subject to that, neither of us is liable for any loss of profits, revenue, sales, business, goodwill or anticipated savings, loss or corruption of data (except as set out in our backup commitments), or any indirect or consequential loss, however caused.
Subject to that, our total liability arising out of or in connection with this agreement, in any year, whether in contract, tort (including negligence) or otherwise, is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
You must make any claim within one year of becoming aware of it.

14. Indemnity

You will indemnify and hold us harmless against all claims, losses, fines, penalties, damages and reasonable costs (including legal fees) arising from:

Your Content;
your Shop, the goods and services you sell, and your dealings with Your Customers;
your breach of these Terms, the Policies or the law;
any claim that your Shop or Your Content infringes someone's rights.

15. Force majeure

Neither of us is liable for a failure or delay caused by events beyond reasonable control. These include natural disasters, war, terrorism, civil unrest, epidemics, government action, failure of utilities, internet or hosting providers, and cyber attacks that could not reasonably have been prevented. This section does not excuse your payment of fees.

16. Changes to these Terms

We may change these Terms and the Policies. We tell you about material changes at least 30 days before they take effect, by email and in your dashboard, unless the change is required by law sooner. If you do not agree, you may cancel before the change takes effect. If you keep using the Service after that, you accept the change.

17. General

Notices to you are sent to your account's email address, or shown in your dashboard. Notices to us go to support@cleverlittlecart.com.
Assignment: you may not transfer this agreement without our written consent. We may transfer it to a company that takes over our business, and will tell you.
Subcontracting: we may use subcontractors, and remain responsible for them.
Entire agreement: these Terms and the Policies are the whole agreement between us about the Service, and replace anything said or written before. Your own terms of business do not apply.
Severability: if any part is found unenforceable, the rest remains in force.
No waiver: not enforcing a right now does not give it up.
No partnership: nothing here creates a partnership, agency or joint venture.
Third parties: nobody else has rights under these Terms.
Language: if these Terms are translated, the English version prevails.

18. Law and disputes

These Terms, and any dispute arising out of or in connection with them, are governed by the law of the Republic of Cyprus. The courts of Cyprus have exclusive jurisdiction. Before going to court, each of us will try in good faith to settle a dispute by negotiation for at least 30 days.

Contact

Clever Little Cart · the company’s postal address, in Settings · VAT the VAT number, in Settings · support@cleverlittlecart.com