Cloud Terms of Service

1. Account Terms

1. To use Donation Store Cloud you must Sign up for an account. By doing so, you are providing us with your First & Last Name, a username and an email address. Donation Store can reject or cancel your sign up to Donation Store Cloud at any time for any reason at our discretion
2. To have a Donation Store Cloud account you must be 18 years old or where under the age of 18, have permissions from a legal Parent or Guardian
3. Donation Store will use the email provided to us as the primary method of communication with you. You agree to monitor that email account for communications from Donation Store regarding your account with Donation Store Cloud. If you contact us from a secondary email regarding something on an account linked to a different primary email, we will ask you to confirm your identity and authenticate yourself
4. You are responsible for the creation and operation of your Donation Store Cloud account and all webstores
5. It is your duty to use a secure password on your Donation Store Cloud account and you must keep your password safe. It is also your duty to treat your account information as confidential along with any team account information. We are not responsible for any loss or damages that are incurred as a result of you failing you keep your confidential information secure
6. It is advised that you enable Two Factor Authentication on your Donation Store Cloud account at all times
7. If you are aware of any person having any sort of confidential information related to your Donation Store Cloud account, or an account belonging to another user, please reach out to us immediately
8. You are responsible for content provided to us in the form of static assets like media, code, audio files, graphics etc.
9. Accounts and stores cannot be transferred to others without prior written consent from us

2. Account Types

1. Anybody can set up a Donation Store Cloud account. Upon setting an account up, you will not have access to the facilities required to make a webstore and manage it, until you have subscribed to a plan, whether free or paid

Team Accounts

1. You can have a Donation Store Cloud account and also retain no subscription to Donation Store Cloud if you are listed as a Team Member of someone who does have a Donation Store Cloud subscription and a webstore
2. This team account is purely used to manage and operate as a team member of the webstore in question. The owner of the webstore cannot under any circumstances create webstores as a Donation Store Cloud subscriber and assign/sub lease them to others as team member accounts. Any Donation Store Cloud subscriber found to be doing this will have their account revoked immediately, along with all webstores and no refund will be given. This email will also be blacklisted from signing up for a Donation Store Cloud account in the future
3. While a webstore can have team accounts, it is the sole responsibility of the webstore owner with the Donation Store Cloud subscription to ensure that their webstore follows the terms set out here and in all of Donation Store's policies
4. Whilst is is up to the store owner to make sure their store follows the Donation Store Terms and agreements, team members are also bound by these terms

3. Payment of Fees

1. You will pay fees when you create a subscription to one of Donation Store Cloud's plans and any other applicable fees relating to the value of sales made through your store when using third party payment gateways
2. Subscription fees are paid in advance and will be billed in 30 day intervals ("Billing Cycle"/"Billing Cycles"). You will be invoiced for the full cost of the chosen plan. This will be sent to you via email, but will also appear in Billing section as a downloadable PDF invoice
3. Any additional fees for a given Billing Cycle will be added to that months invoice. You will be given prior notice to these fees by Donation Store. Users have two weeks to raise any queries regarding a given Billing Cycle's invoice
4. If for whatever reason, we are unable to process a payment for a given Billing Cycle your store will be frozen. You will not be able to make changes to it and will not be able to accept any payments.
5. You must update your payment method and reach out to us to un freeze your webstore. If a billing cycle fails and you haven't updated the payment method or reached out to us within 60 days, we reserve the right to terminate your Account and all webstores linked to it
6. You are responsible for any and all taxes that arise from or as a result of any sale on your Donation Store Cloud store. It is your duty to file and pay any applicable taxes to the appropriate tax authorities in your jurisdiction
7. Donation Store at any time, at their discretion can cancel your plan. Before cancelling your plan, we will reach out to you with the reasons why we are cancelling your plan and your options
8. All payments for plans are made through Braintree
9. The prices we offer are in Euro. You will more than likely be charged by the gateway in Euro. If your currency/your bank's currency/your PayPal accounts currency is not set to Euro, you are responsible for any fees incurred based on exchange rates
10. Donation Store does not offer refunds for its subscriptions in most cases. Changes of mind, use for the product etc. (non exhaustive list), are not eligible for refunds. If you have a query regarding whether or not you are eligible for a refund, please reach out to us

4. Your Plan

1. You can cancel your Donation Store Cloud subscription at any time through the Billing section of the Donation Store Cloud panel. Please note that while you can cancel payment with us, you must also cancel the payment with PayPal. We will not offer refunds for any user charged by PayPal on a cancelled subscription as a result of the customer not cancelling their subscription with PayPal
2. When you cancel your subscription:
   • Donation Store will allow you to access your panel and webstore for the duration of that Billing Cycle. For example, if you subscription was set to renew on 30th of a given month and you cancelled on 10th, you will still have access till 30th
   • After the billing cycle has completed, your store, it's data etc., will be frozen for 60 days. If we do not receive a notification to start a new subscription within that 60 day period, your store will be deleted in it's entirety
3. You can change your plan at anytime. Depending on how you change the plan, different terms apply:
   • If you change your plan and upgrade (switch to a higher priced plan), the new plan will start when you upgraded. Your first month will be a pro-rata amount based on what has been paid in the current plan. For example, if you are half way though a month of paying €10 per month and you upgrade to a €20 per month plan, €5 will be taken from the first months price. If you are upgrading from a free plan, there is no pro-rata price. You will be charged the full amount
   • If you change to a plan and downgrade (switch to a cheaper priced plan) your current month will continue on the plan before downgrade. Once you reach the billing cycle, your account will be downgraded to the cheaper plan. As subscriptions are paid in advance on a monthly basis, no refund will be given for the time remaining on plan before the downgrade occurs
4. If you wish to change your plan, please contact us and we can explain the price increase/decrease and how to carry out the change
5. You must be 18 years of age to enter a contract/plan Donation Store Cloud. If you are not 18, you must receive prior permission from a parent or legal guardian before starting a subscription

5. General Terms

1. This Terms of Service Agreement, along with our other agreements are governed by the laws of Ireland
2. You agree that Donation Store may change the contents of these Terms of Service and other agreements. If they are changed, your continued use of the services after the Terms and or agreements have been amended is your agreement to them
3. Technical Support is only provided to those users who have an active Donation Store Cloud subscription or are team members on a webstore with an active Donation Store Cloud subscription
4. You may not use Donation Store Cloud or Donation Store or any of it's products or services for any illegal or unauthorised purposes, nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your customers jurisdiction or the laws of Ireland
5. You may not upload any content to your webstore that infringes on any intellectual property or that is deemed to be harmful or in any way illegal
6. You are responsible for all activity that occurs on your webstore and your account. It is your duty to ensure that all activity is legal and also inline with our Terms of Service, Acceptable Use Policy and Privacy Policy
7. You may interrupt the operation or hinder the operation of any of our services including those belonging to our customers and webstores that are Powered by Donation Store
8. You may not use a customer of your webstores email address to send marketing emails or similar unless with prior consent in the form of a Privacy Policy that is inline with the appropriate data protection regulation

6. License & Intellectual Property

1. Upon purchasing a Donation Store Cloud subscription, Donation Store grants you a limited, non-exclusive, revocable license to use Donation Store Cloud
2. This license is linked to your account as long as you have a valid subscription
3. You agree not to reproduce, duplicate, copy, sell, resell, rent, lease, sub-license, pledege, transfer or exploit any portion of Donation Store Cloud or its products or services, or access to the products or services
4. Donation Store Cloud comes as a full package, outside of components which are explicitly marked as "Addons"
5. You may not alter, merge, modify, prepare derivative works based upon, adapt, reverse engineer, decompile, disassemble or translate any aspect of the software in any manner whatsover, or authorise or assist any other person to do it
6. You shall not remove, obscure or alter any of our copyright notices, trademarks or branding. In the case where branding removal is permissible it is only done so with prior written consent or if included in a purchased plan as part of an active subscription
7. You may not use any service provided by Donation Store Cloud in any form to make any sort of product whether competing or not, free or commercial without prior written consent
8. You may not use Donation Store Cloud or any APIs or services provided by us to monitor the availability, performance or functionality of the service including any sort of performance or benchmarking purposes
9. You may not engage in any activity that interferes with, disrupts, harms, damages or accesses in any unauthorised manner the servers, security, networks, data, application or other properties or services of Donation Store or any third party

6. Donation Store Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) to anyone involved in Donation Store will result in your account being terminated.

7. Limited Liability, Availability of our Services & Indemnity

1. Donation Store is provided to you and used by you at your sole risk. The services we provide are provided on an "as is" and "as available" basis
2. Donation Store will make its best efforts to ensure that its services remain and operational at all time. Like all software, sometimes technical issues may arise. These issues may result in temporary interruptions to our services
3. If interruptions do occur, we will communicate these with you as a customer in a timely manner through email or our status page
4. Interruptions in any of our services do not entitle you to any sort of financial compensation be it in the form of a refund, credit on your account or any other form
5. Donation Store are not liable whatsover for:
   • Any loss of profits, sales, business, revenue or any other financial loss
   • Any loss of business opportunity
   • Any consequential or indirect loss
6. By using our products and services, you you grant us indemnity against all liabilities, including but not limited to, costs, expenses incurred, damages and loses (including and not limited to direct or indirect consequential losses), loss of profits, penalties, legal costs, loss of reputation or interest and loss of business. We are in no way liable for any presenting or hidden circumstances that my occur from using our software.

8. DMCA

1. Donation Store supports the protection of everyones intellectual property and asks that any customer that uses Donation Store Cloud to do the same. If anybody is under the belief that one of our customers is infringing on someones intellectual property rights, please reach out to us immediately.
2. After receiving a DMCA notice, we will review the content in question and make a decision on whether or not it warrants a takedown. We will liaise with the customer and if necessary, remove or disable the content in question.

9. Beta Services

1. Sometimes Donation Store may reach out to you to offer some sort of Beta access or trial to some feature or service we are developing before they are available publicly to all of our customers
2. Before we reach out and offer these features or services, we will notify the customer of the additional terms that come with using Beta features. As they are not publicly available, certain terms govern what the customer can and cannot do with the features or services
3. Outside of the additional terms sent to the customer, you agree that if Beta features, material (any other medium which is deemed as such) etc. are given, you cannot make public any statements, cannot disclose your participation or any other related information to the Beta material without prior written consent
4. As the features are Beta, they are not finished and may not work in the same way as a final version. Any damage arising from using these features is not at the liability of Donation Store. The use of Beta features/services is at your discretion only

10. Feedback & Ideas

1. Donation Store welcomes feedback from our customers. If you provide feedback or reviews of Donation Store, you waive all rights in the feedback that you send to us. Donation Store is can then use this feedback to implement changes in the platform without obtaining permission or a license from you or a third party