Terms & Conditions
We are BixGrow: Affiliate Marketing, an all-in-one affiliate & referral marketing app (the “Application”) for merchants (the “Merchants”) to skyrocket sales & incentivize engagement. The Application is owned and operated by BixGrow (“BixGrow”, “we”, “us”, “our”).
Please carefully read the following Terms of Service (the “Terms”). By accessing, installing or using the Application, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Application.
Who may use the Application?
You may only download, install and use the Application if you are a legal corporation or an individual over the age of 18, with full legal capacity. You represent and warrant that you are 18 years of age or older. If you are entering these Terms on behalf of a company or another legal entity, you represent that you are duly authorized on behalf of such entity to enter into this agreement and that you or the Merchant are the owners of the Website in respect of which you are utilizing the Application (you and the Merchant will be collectively referred to as “you” or “your”).
Fees and Billing
We may offer the Application (or some of its features) on a trial-basis, free-of-charge, which may be time-limited. Beyond this trial-basis, the Application may be offered subject to your payment of applicable fees (the “Fees”), in accordance with the packages, schemes and amounts presented to you upon subscribing to the Application or at a later time (“Plans”). We may transform a free of charge section of the Application to a fee-based service and will seek your consent to the payment of those Fees. If you do not consent, we may terminate Your Subscription. All Fees are quoted in US Dollars, unless expressly stated otherwise.
If applicable, we will charge you for Fees using the payment method you provide (“Billing Information”). You represent and warrant that you are lawfully permitted to use your selected payment method. You must keep the Billing Information you provided to us current, complete, and accurate, and notify us promptly in case of any change in your Billing Information.
By subscribing to the Application and choosing your Plan, you give your consent to being billed for the Fees, in addition to any applicable taxes and surcharges or commissions charged by the payment processor. All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges.
Your Billing Information may be processed and handled through relevant third-party payment processors and therefore subject to the terms and conditions of these third parties pursuant to your contractual relations with them.
Termination and Suspension
You may terminate these Terms at any time by removing the Application from your Shopify account. In addition to any remedies that may be available to us under any applicable law or these Terms, if we believe that you misused the Application, provided false or fraudulent Content, or otherwise breached these Terms, we may, in our sole discretion, limit, suspend or terminate your use of the Application, and take technical and legal measures to keep you from using the Application.
Upon termination, you must discontinue any and all use of the Application. Following termination, you will not be able to access the Application, as well as use or access the Reviews or Content (as defined below). Without derogating from the above, you may export your Reviews and Content to another tool prior to termination. Termination of these Terms will not preclude our continued use of the Content you provided to us prior to termination for promotional purposes, in accordance with the rights you granted us in these Terms.
We encourage you to provide feedback regarding the Application. We may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
Your and your users’ privacy
Support, Availability and Quality
The availability, quality and functionality of the Application depends on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free. We may, from time to time, need to interrupt the Application for maintenance and other operational reasons.
WE DO NOT WARRANT THAT THE APPLICATION WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. You will not receive any compensation or refund for such interruptions. You acknowledge that the Application DOES NOT provide any data back-up Applications, including with respect to any Content or any other data that you or third parties upload, post or use.
During Your Subscription period, we will, either directly or with the assistance of third parties, provide you technical support for technical questions, problems and inquiries regarding the Application, during our business days and hours, and pursuant to the support scheme, hours and channels separately conveyed to you.
We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we may decline to provide such support for matters that we deem, in our sole discretion, to require unreasonable time, effort, costs or expenses. We make no warranties to any specific response-time or to the successful or satisfactory resolution of the question, problem or inquiry.
BixGrow is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by BixGrow. Without limiting the generality of the foregoing, BixGrow owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited.
If you submit any suggestions, comments or other feedback (“Feedback“) to BixGrow regarding the Services, you agree that BixGrow shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that BixGrow may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
You retain ownership of all information and content (including text, images, video, audio, and other material) that you upload, publish, transmit, link to or otherwise make available through the Services (“User Content”). You grant to BixGrow a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index and archive User Content or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such User Content, for the purpose of providing the Services. You are solely responsible for User Content that you upload, publish, transmit, link to or otherwise make available through the Services. If you are posting User Content belonging to or generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms.
The policy of BixGrow is not to infringe or violate the intellectual property rights or other rights of any third party, and BixGrow will remove material appearing on the Application that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), BixGrow will remove any User Content if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of BixGrow is to terminate the Accounts of repeat infringers in appropriate circumstances. If you believe that something appearing on the Application or any Content published via the Application is fraudulent or infringes on your rights, you may send us a notice requesting that it be removed, or access to it blocked at [email protected]. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. All requests to remove content due to copyright infringement, or to object to a request for such removal, must be made in accordance with our Copyright Policy. BixGrow accepts no responsibility or liability for the content of any site included in any User Content, or otherwise linked to by the Applications, or for the User’s or third party’s use of such User Content. BixGrow reserves the right to remove any User Content without prior notice to you, any other user, or any third party.
Changes to the Term
We may amend the Terms from time to time. In such case, we will notify you in advance of the amended Terms. Your continued use of the Application after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the Application. If you do not accept the amended Terms, these Terms will be terminated (see “Effects of termination” section).
DISCLAIMER OF WARRANTY
THE APPLICATION IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, CONTENT, THE REVIEWS, YOUR WEBSITE, YOUR SUBSCRIPTION, THE FEES AND BILLING, THE BILLING INFORMATION, ANY INTERACTION RELATED TO THE APPLICATION, ANY THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY.
LIMITATION OF LIABILITY
ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THIRD PARTIES (SUCH AS USERS), AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE APPLICATION IS AT YOUR OWN SOLE RESPONSIBILITY.
WE, INCLUDING OUR STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE APPLICATION, THE CONTENT, THE REVIEWS, YOUR WEBSITE, THE FEES AND BILLING, THE USE OF, OR THE INABILITY OF YOU OR THIRD PARTIES TO USE THE APPLICATION, AND YOUR SUBSCRIPTION, OR ANY COMMUNICATION OR INTERACTIONS WITH THE APPLICATION, OR ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHERS ON OR THROUGH THE APPLICATION, OR YOUR RELIANCE UPON THE APPLICATION OR ANY CONTENT UPLOADED OR AVAILABLE TO THE APPLICATION, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APPLICATION, OR ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, OR ANY FAULT, OR ERROR MADE BY OUR STAFF, OR ANY DENIAL OR CANCELATION OF YOUR SUBSCRIPTION, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT ON THE APPLICATION.
These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question that you may have with respect to the Application, at: [email protected].
Updated and effective from May 10th, 2023