Terms & Conditions
Terms & Conditions
Last Updated: 23/02/2021
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Ablestar, acceptance is expressly limited to these Terms.
Our Services are not directed to people younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services may require a Shopify account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Description Ablestar provides a variety of apps for the Shopify ecommerce platform. Shopify Apps may be free, have one-time charges, a usage charge, and/or recurring charges.
- Access If you lose access to your Shopify account, or your Shopify account is closed, you will not be able to access our Shopify apps. Payment, Renewal and Refunds. Each Shopify App may have a unique billing plan identified on the Shopify App store or when you install the app. By installing a particular app, and accepting the associated charges, you agree to pay Ablestar the applicable fees via the Shopify platform. If the Shopify App has a monthly fee, that fee will be charged each month until you uninstall the Shopify app. If we change pricing for a service to which you’re subscribed, we will re-request authorization for the new charges. We offer refunds up to thirty (30) days after payment.
- Cancellation If you wish to cancel your subscription to any Shopify App just uninstall it from the admin section of your Shopify store. Please note that if you have already incurred a charge for the month it will show up on your next invoice from Shopify, even if you don’t receive the invoice until after you’ve uninstalled the app.
You may not use our Services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to our Services if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
Responsibility of Visitors
Ablestar has not reviewed, and cannot review, all of the material, including computer software, posted or uploaded to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Ablestar does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Ablestar disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Ablestar links, and that link to our Services. Ablestar does not have any control over those external websites, and is not responsible for their contents or their use. By linking to an external website or Shopify App, Ablestar does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ablestar disclaims any responsibility for any harm resulting from your use of non-Ablestar websites and Services.
Third Party Services
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your ecommerce site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Ablestar.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
Copyright Infringement and DMCA Policy
As Ablestar asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by any of our Services violates your copyright, you are encouraged to notify Ablestar. Ablestar will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Ablestar will terminate a user’s access to and use of our Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ablestar or others. In the case of such termination, Ablestar will have no obligation to provide a refund of any amounts previously paid to Ablestar.
This Agreement does not transfer from Ablestar to you any Ablestar or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Ablestar. Ablestar, ablestar.com, and all other trademarks, service marks, graphics and logos used in connection with ablestar.com, or our Services, are trademarks or registered trademarks of Ablestar or Ablestar’ licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Ablestar or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
Ablestar may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply uninstall all of our Shopify apps and discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Ablestar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ablestar nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the state of Florida, U.S.A.
Limitation of Liability
In no event will Ablestar, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ablestar under this Agreement during the twelve (12) month period prior to the cause of action. Ablestar shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Ablestar reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Ablestar, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Ablestar and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ablestar, or by the posting by Ablestar of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ablestar may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.