CLOUD COMMERCE — TERMS OF SERVICE

These Terms of Service ("Terms") govern access to and use of the Cloud Commerce website(s), application(s), software, tools, APIs, and related services (collectively, the "Service").

Cloud Commerce is the business/brand name for the Service. The Service is currently operated by LaunchDS LLC (the "Company," "we," "us," or "our"). References to the Company include LaunchDS LLC and any successor entity that later operates the Service.

TABLE OF CONTENTS

1. Definitions
2. Eligibility; Authority; Account Security
3. Service Role; Platform Status; No Agency
4. Acceptable Use; Prohibited Activities
5. Restricted and High-Risk Uses
6. Merchant Obligations
7. Third-Party Services; Payments
8. Fees; Billing; Renewal; Taxes; No Refunds
9. Content; Licenses
10. Privacy; Customer Data
11. Company Intellectual Property
12. Availability; Changes
13. Term; Suspension; Termination
14. Disclaimers
15. User Illegal Acts; Strict Non-Liability
16. Limitation of Liability
17. Indemnification
18. Release
19. Time Limit to Bring Claims
20. Arbitration; Class Action Waiver
21. Governing Law
22. Miscellaneous

1. DEFINITIONS

"Account" means the user account used to access the Service.

"User" or "you" means any person or entity using the Service.

"Merchant" means a User who creates or operates a storefront, lists or sells goods/services, markets to customers, processes orders, fulfills orders, or otherwise uses the Service for commerce.

"Customer" means an end customer who purchases from a Merchant.

"Content" means any data or materials submitted to or used through the Service.

"Cloud Commerce Parties" means the Company and its affiliates and each of their officers, directors, employees, contractors, agents, licensors, and service providers.

2. ELIGIBILITY; AUTHORITY; ACCOUNT SECURITY

2.1 Age. You must be at least 18 years old to use the Service.

2.2 Authority. If you use the Service on behalf of a business, you represent you have authority to bind that entity.

2.3 Account Information. You will provide accurate, current information and keep it updated.

2.4 Security. You are responsible for safeguarding credentials and all activity under your Account.

2.5 No Credential Sharing. You may not share logins except where expressly permitted.

3. SERVICE ROLE; PLATFORM STATUS; NO AGENCY

3.1 Platform Tools. The Service provides software tools including storefront hosting, analytics, automations, and integrations.

3.2 Not the Seller. Unless expressly stated otherwise, the Company is not the seller of Merchant goods/services and is not the merchant of record.

3.3 No Agency. No agency, partnership, or fiduciary relationship is created.

3.4 Merchant Responsibility. Merchants are solely responsible for their storefront, products, claims, pricing, taxes, compliance, support, and dispute handling.

4. ACCEPTABLE USE; PROHIBITED ACTIVITIES

4.1 Lawful Use Only. You may use the Service only for lawful purposes.

4.2 Prohibited Conduct. You may not:

• Violate any law, regulation, or court order
• Engage in fraudulent, deceptive, or harmful conduct
• Infringe intellectual property or privacy rights
• List illegal, restricted, or regulated goods without approval
• Publish false or misleading claims
• Upload malware or interfere with security
• Attempt unauthorized access
• Reverse engineer the Service
• Send spam or unlawful marketing

5. RESTRICTED AND HIGH-RISK USES

5.1 No Illegal Items. You may not sell illegal goods/services.

5.2 Restricted Categories. Unless expressly approved in writing with proof of compliance, you may not use the Service for:

• Controlled substances or drug paraphernalia
• Weapons, ammunition, explosives
• Counterfeit, infringing, pirated goods
• Products requiring specialized regulatory approvals
• Hazardous materials without compliance
• Adult content without compliant age gating
• Pyramid schemes or deceptive business opportunities
• Sanctioned/embargoed transactions

5.3 "Gray Area" Rule. If uncertain whether something is prohibited, treat it as prohibited unless you have documented compliance.

6. MERCHANT OBLIGATIONS

If you are a Merchant:

6.1 Compliance Is Your Sole Responsibility. You are solely responsible for all legal compliance including consumer protection, advertising rules, privacy, taxes, product safety, warranties, and accessibility.

6.2 Policies. You must publish clear, accurate policies (shipping, returns, refunds, privacy).

6.3 Truth in Advertising. No misrepresentation of shipping, inventory, origin, endorsements, or performance.

6.4 Chargebacks. You are solely responsible for chargebacks, disputes, and fraud losses.

7. THIRD-PARTY SERVICES; PAYMENTS

7.1 Third-Party Services. The Service may integrate with third parties. The Company is not responsible for third-party services.

7.2 Payment Processing. Payments handled by third-party processors. You authorize charges.

7.3 No Banking Relationship. The Company is not a bank or money transmitter.

8. FEES; BILLING; RENEWAL; NO REFUNDS

8.1 Fees. You will pay all fees stated in your plan.

8.2 Auto-Renewal. Subscriptions renew automatically unless canceled. You authorize recurring charges.

8.3 Taxes. You are responsible for applicable taxes.

8.4 No Refunds. Fees are non-refundable except where required by law or expressly stated.

8.5 Collections. Past-due amounts may accrue interest plus collection costs.

9. CONTENT; LICENSES

9.1 Your Ownership. You retain ownership of your Merchant Content and Customer Data.

9.2 License to Company. You grant us a license to host, process, and use Content solely to provide the Service.

9.3 Your Warranties. You warrant you have rights to provide Content and it doesn't violate laws or third-party rights.

10. PRIVACY; CUSTOMER DATA

Your use is subject to our Privacy Policy. You control AI prompt logging levels. You are responsible for lawful Customer Data handling.

11. COMPANY INTELLECTUAL PROPERTY

The Service and all related software are owned by the Company. We grant you a limited, non-exclusive license to use the Service.

12. AVAILABILITY; CHANGES; BETA

12.1 No Guaranteed Uptime. We don't guarantee uninterrupted availability.

12.2 Changes. We may modify or discontinue features anytime.

12.3 Beta Features. Beta features provided "AS IS."

13. TERM; SUSPENSION; TERMINATION

13.1 Term. These Terms apply from first use until terminated.

13.2 Termination by You. You may cancel per plan settings.

13.3 Termination by Company. We may suspend/terminate for ToS violations, non-payment, or fraud.

13.4 Data Export. Export your data before termination. Data may be deleted after reasonable period.

14. DISCLAIMERS

15. USER ILLEGAL ACTS; NON-LIABILITY

15.1 Solely Responsible. Cloud Commerce Parties are not responsible for claims arising from your violation of laws, prohibited listings, deceptive marketing, or unlawful customer handling.

15.2 Gray-Area Risk. If operating in uncertain legal territory, you assume all risk.

16. LIMITATION OF LIABILITY

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cloud Commerce Parties from claims arising from: your Content, your violations of law/third-party rights, Third-Party Services you use, Customer/regulator/supplier claims, or breach of these Terms.

18. RELEASE

To the maximum extent permitted by law, you release Cloud Commerce Parties from claims arising from disputes between you and third parties (Customers, suppliers, carriers, processors, marketplaces).

California residents: You waive California Civil Code §1542.

19. TIME LIMIT TO BRING CLAIMS

Any claim must be brought within one (1) year after it accrues; otherwise permanently barred.

20. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

20.1 Informal Resolution. Before filing a claim, send written notice to Notices Address above. Parties will attempt resolution within 30 days.

20.2 Binding Arbitration. Disputes resolved by binding arbitration under Federal Arbitration Act (except small claims or IP injunctions).

20.3 No Class Actions. Claims brought individually only, not as class/collective/representative action.

20.4 Opt-Out. You may opt out of arbitration/class-waiver by sending written notice within 30 days of first accepting these Terms.

20.5 Venue. If arbitration doesn't apply, disputes must be in New York courts.

21. GOVERNING LAW

Governed by New York law, without conflict-of-law principles, and applicable U.S. federal law.

22–27. MISCELLANEOUS

22. Electronic Communications. You consent to receive communications electronically.

23. Changes to Terms. We may update Terms with posting. Continued use = acceptance.

24. Assignment. You may not assign without consent. We may assign freely.

25. Force Majeure. Not liable for events beyond reasonable control.

26. Severability. If provision unenforceable, remainder remains in effect.

27. Contact. Questions? Contact via Service or Notices Address above.