TERMS AND CONDITIONS

3. Subscription and Payment Terms
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• Subscription Plans:
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- Monthly Plan: $79.95 per month with a $100 setup fee.
- 6-Month Plan: $479.70 for six months with the setup fee waived.
- 12-Month Plan: $799.50 for twelve months with the setup fee waived.
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• Payment Schedule: 

‍Payments are due monthly after the initial integration period. Customers may choose to purchase a 6 or 12-month subscription and then pay monthly or continue paying annually.
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• Integration Period Credit:
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During the integration of our application with your Shopify store, you will receive a prorated credit for the subscription fee corresponding to the integration period.

• Late Payments:
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If payments are not received within 30 days of the due date, your access to the NINEMAGS application will be suspended until payment is made.

4. User Obligations and Restrictions
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• Prohibited Industries:

Use of our software is prohibited for industries not allowed by Shopify’s Acceptable Use Policy.

‍• Content Management:

While we facilitate the movement of content, we do not store uploaded content permanently. Content is processed and then deleted from our systems. Files are stored on third-party cloud services (e.g., Dropbox), and we are not responsible for the security or management of content stored on these platforms. We recommend that you delete content from these services once orders are processed.

5. Intellectual Property
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• Software Ownership:

All rights, titles, and interests in and to the NINEMAGS software, including all related intellectual property rights, are owned by NINEMAGS.

• Customer Content:

‍You retain all rights to the content you upload through our software.

6. Confidentiality and Privacy

• Privacy Policy:
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We currently do not have a separate Privacy Policy. By using our services, you consent to the collection and use of your information as outlined in these Terms.

• Third-Party Services:

Our software integrates with third-party services such as Dropbox, Uploadcare, and Shopify. We are not responsible for the privacy practices or content of these third-party services..

7. Termination

• Termination by Customer:

You may cancel your subscription at any time. Refunds are not provided for used months.

• Termination by NINEMAGS:

We may terminate or suspend your access to our services immediately, without prior notice or liability, for non-payment or non-compliance with these Terms.

• Data Deletion:

Upon termination, all your data will be deleted from our systems.

8. Disclaimers and Limitation of Liability

• Warranty Disclaimer:

Our services are provided “as is” and “as available” without any warranties of any kind, either express or implied.

• Limitation of Liability:

To the fullest extent permitted by applicable law, NINEMAGS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

9. Dispute Resolution

• Governing Law:

These Terms shall be governed and construed in accordance with the laws of the State of Ohio, USA, without regard to its conflict of law provisions.

• Dispute Resolution:

Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in Ohio, USA, in accordance with the rules of the American Arbitration Association.

10. Miscellaneous

• Third-Party Services:

Our software relies on integrations with third-party services such as Dropbox, Uploadcare, and Shopify. We are not responsible for any actions or inactions of these third parties.

• Modifications to Terms:

We reserve the right to modify these Terms at any time. We will provide notice of any significant changes. Your continued use of our services after such modifications constitutes your acceptance of the new Terms.

• Entire Agreement:

These Terms constitute the entire agreement between you and NINEMAGS regarding our services and supersede and replace any prior agreements we might have had between us regarding the services.

11. Cancellations and Refunds

• Pre-Installation Cancellation:

If you purchase a subscription and decide to cancel before the software has been installed on your store, we will issue a full refund, including the subscription fee and the $100 setup fee.

• Post-Installation Cancellation (Initial Period):

If the software has already been installed, the $100 setup fee and the subscription fee for the first month are non-refundable.

• Multi-Month Subscription Cancellation:

For prepaid subscriptions (3, 6, or 12 months), if you choose to cancel early:
- You will be refunded for any full unused months.
- Any partially used month is considered a full month and is not eligible for refund.
- Example: If you paid for 3 months, used the service for 1 month and 3 days, you will be refunded for 1 month (1 used + 1 considered-used = 2 months; 3 - 2 = 1 month refundable).

Please review these Terms carefully. By using NINEMAGS’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

NINEMAGS SOFTWARE LLC
850 Euclid Ave Ste 819 #4759
Cleveland, Ohio 44114
USA
hello@ninemags.com