Please read these Terms of Service ("Agreement") carefully before using the HubSpot & Shopify Connector ("Service") provided by EYEMAGINE Technology, LLC ("EYEMAGINE," "we," "us," or "our"). By accessing or using the Service, you ("Customer" or "Merchant") agree to be bound by this Agreement. If you do not agree, do not use the Service.
1. The Agreement
This Agreement governs your use of the HubSpot & Shopify Connector, a software integration service that connects your Shopify store with HubSpot. This Agreement becomes effective on the date we activate the Service for your account ("Effective Date") and continues until terminated in accordance with the terms herein.
2. Services
EYEMAGINE will provide you access to the HubSpot & Shopify Connector, which enables synchronization of customer, order, and product data between your Shopify store and HubSpot account. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.
We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, we provide no guarantee as to uptime or availability of the Service, and we shall not be liable for any downtime or service interruptions.
3. Term and Renewal
The term of this Agreement begins on the date we activate the Service for your account.
- Monthly Plans: Continue on a month-to-month basis and automatically renew each month unless cancelled prior to the renewal date.
- Annual Plans: Automatically renew on a yearly basis unless either party provides written notice of cancellation at least 45 days prior to the end of the then-current term.
4. Fees and Payment
You agree to pay all fees associated with the plan you select. Fees are billed in advance and are non-refundable except as expressly set forth in this Agreement.
- Monthly Plans: No pro-rated refunds will be issued for monthly cancellations. You will retain access to the Service through the end of the current billing period.
- Annual Plans: You will be charged the full amount of the fee as agreed at the time of purchase. No refunds will be issued during the active term.
We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price changes before they take effect.
5. Free Trial
We may offer a free trial period. Upon expiration of the free trial, your account will automatically convert to a paid subscription unless you cancel prior to the end of the trial period. We reserve the right to modify or terminate free trial offers at any time.
6. Intellectual Property
All content, materials, software, trademarks, service marks, and logos related to the Service are the exclusive property of EYEMAGINE Technology, LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes only. You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying software.
7. Your Data and Privacy
You retain ownership of all data you submit to the Service ("Customer Data"). By using the Service, you grant EYEMAGINE a limited license to access and process your Customer Data solely to provide the Service. We will handle your data in accordance with our Privacy Policy.
You are responsible for ensuring that your use of the Service, and any Customer Data you provide, complies with all applicable laws and regulations, including data protection laws.
8. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations;
- Transmit any unlawful, harmful, or fraudulent content;
- Interfere with or disrupt the integrity or performance of the Service;
- Attempt to gain unauthorized access to the Service or its related systems;
- Reverse engineer, decompile, or disassemble any portion of the Service.
9. Third-Party Services
The Service integrates with third-party platforms including Shopify and HubSpot. EYEMAGINE is not responsible for the availability, accuracy, or reliability of any third-party services. Outages or changes to third-party platforms may affect the functionality of the Service, and EYEMAGINE shall not be liable for any disruptions caused by third-party systems, payment processors, or other external services.
Your use of third-party services is governed by those services' own terms and privacy policies.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EYEMAGINE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EYEMAGINE TECHNOLOGY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF EYEMAGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EYEMAGINE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO EYEMAGINE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless EYEMAGINE Technology, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your Customer Data, or your violation of this Agreement.
13. Termination
Either party may terminate this Agreement at any time upon written notice. EYEMAGINE may suspend or terminate your access to the Service immediately if you breach any provision of this Agreement or if your account is past due on any payment obligation.
Upon termination, your right to use the Service will immediately cease. We may retain your data for a period following termination in accordance with our data retention policies, after which we may delete your Customer Data.
14. Changes to This Agreement
We reserve the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on our website or by sending you an email. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Agreement.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Orange County, California.
16. Entire Agreement
This Agreement constitutes the entire agreement between you and EYEMAGINE with respect to the Service and supersedes all prior and contemporaneous agreements, representations, and understandings. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17. Contact Us
If you have any questions about these Terms of Service, please contact us:
EYEMAGINE Technology, LLC
Email: magentohubspotintegrationcomsupport@hubspotintegration.freshdesk.com
Website: www.eyemaginetech.com