Terms of Service

Terms of Service

ELLIPSIS.SYSTEMS and its constituent properties (collectively referred to as the “Website”) provide web services (“Services”), operated by ELLIPSIS.SYSTEMS, LLC (“Ellipsis”). In order to deliver the Services, Ellipsis collects personal data related to merchants (Merchants) and merchant customers (Customers). By accessing and using the Services, it is implicit that you (“User”) have read, understood and agreed to be bound by the Terms of Service contained herein. If you do not wish to be bound by these Terms of Service, you must leave the Site promptly and cease to use the Services. Continued use of the Site or use of the Service will be considered an acceptance of the Terms of Service. In the case that a determined condition is not legally binding by law or by a court decision, the rest of the conditions will not be affected. You agree to use the Service at your own risk.

Signing up for and using Ellipsis Services

By signing up for and using an Ellipsis Service you expressly understand and accept the following:
  1. You accept that these Terms of Service constitute a contract between you or your client and Ellipsis signed by you and Ellipsis and these conditions determine the use of the Service and replace any other agreement between you or your power grantor and Ellipsis.
  2. Ellipsis’s failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ellipsis and govern your use of the Service, superseding any prior agreements between you and Ellipsis, including, but not limited to, any prior versions of the Terms of Service.
  3. You guarantee that all information that you provide is sincere, up to date and is not misleading or dishonest. If you register as a legal entity, the legal entity is bound by this agreement. At the same time, you assert and guarantee that you possess the legal capacity to bind your employer, client or other corporate body to the current Terms of Service and conditions; that you accept the current agreement in the name of the party that you represent. If you do not possess the necessary legal capacity to bind your employer, client or other corporate body, do not sign up or use Ellipsis Services.
  4. By signing up for and using Ellipsis Services, you understand that Ellipsis uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other related technologies required to run the Service.
  5. Ellipsis in its sole discretion reserves the right to refuse any request for service by any party.
Liability disclaimers and guarantees

Ellipsis offers its services with a reasonable level of competence and diligence from the commercial point of view. We are dedicated to providing top-quality services.
  1. Ellipsis does not offer any guarantee in relation to the service, its specific functions, reliability, availability or capacity to satisfy your needs. Services are provided “as-is” and Ellipsis is not responsible for the deletion, mis-delivery, timeliness or failure to store any personal settings, data and/or user communications.
  2. Ellipsis does not warrant that:
    1. the service will meet your specific requirements,
    2. the service will be uninterrupted, timely, secure, or error-free, or that
    3. any errors in the Service will be corrected.
  3. As a web-based application, Ellipsis services can be temporarily unavailable or offline. Ellipsis will not be held liable for any damage arising from the service being unavailable. Ellipsis is authorized to shut the system down temporarily or limit its use without prior notice if needed to perform reasonably urgent maintenance. Ellipsis reserves the right to modify or discontinue provisions of the application and the services.
  4. The technical processing and transmission of an Ellipsis Service, including your queries, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
  5. You expressly understand and agree that Ellipsis shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ellipsis has been advised of the possibility of such damages), resulting from:
    1. the use or the inability to use the service,
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service,
    3. unauthorized access to or alteration of your transmissions or data,
    4. statements or conduct of any third party on the service, or
    5. any other matter relating to the service.
  6. In no case will Ellipsis or its suppliers or distributors be responsible for any loss or damage.
  7. Some legal systems establish specific guarantees, such as contract breach, an implicit commerciality guarantee and suitability for a particular purpose. As much as the law permits, Ellipsis excludes all guarantees.
  8. As much as the law permits, the total coverage provided by Ellipsis and any of its suppliers or distributors, for any reclamation related to these conditions, included any implicit guarantee, will be limited to the equivalent of one month's subscription to the service (or, if Ellipsis decides to do so, for the resumption of the service).
General conditions

You alone are responsible for your conduct when using an Ellipsis Service. Violation of the following conditions will result in immediate account termination. Without limitation to the following, you agree that you will not take any of the following actions when you use Ellipsis Services or software:
  1. Abuse, harass, threaten, defame or otherwise violate the legal right of others including racist or xenophobic content.
  2. Produce, suggest or encourage executing any activities prohibited by law.
  3. Modify, adapt or hack a Service or modify another website so as to falsely imply that it is associated with the Ellipsis Service or Ellipsis.
  4. Sell, resell, reproduce, copy, duplicate or exploit any part of an Ellipsis Service, use of the Service, or access to the Service without written consent from Ellipsis.
  5. Verbal, physical, written or other abuse of any Ellipsis customer or employee.
  6. Transmit any content or any code of a destructive nature via our API.
Modifications to services

  1. It is possible that we may add, remove or adapt certain functions of our services, or modify, suspend or discontinue a service (or any part thereof) without prior notice.
  2. Ellipsis is not liable to you or any third party for any modification, price change, suspension or discontinuance of its services.
Cancellation, suspension or termination of your account

  1. You are responsible for the cancellation of your account. If you cancel your account we may contact you respectfully requesting feedback.
  2. All access to content of your account will become immediately unavailable upon cancellation of the account.
  3. Ellipsis in its sole discretion reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ellipsis Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.
  4. If your bandwidth usage, or product database size significantly exceeds the average bandwidth usage or product database size (as determined solely by Ellipsis) of other Ellipsis customers, we reserve the right to immediately disable your account or throttle your service until you reduce your bandwidth consumption, reduce your product database size or enter a dedicated pricing agreement with Ellipsis.
Intellectual property rights

The website, its content and design, software, web services and underlying technologies are intellectual property rights exclusively owned by Ellipsis. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the content without Ellipsis’s written consent.

Privacy

What information do we collect and why?

  • We collect Customer names, emails and information related to the orders they initiate.
  • We use this information to provide Merchants with Services, including supporting orders.
When do we collect this information?

  • We collect this information when Customers use or access a store that uses our Services, such as when they place an order or sign up for an account on a Merchant site.
For how long do we retain personal information?

  • In general, we keep personal information for the duration of the commercial relationship. For Merchants, this means we will keep your information as long as you maintain a subscription to the Service. For Customers, we process your information solely as a data processor on behalf of our merchants, and it is up to the merchant to determine how long they will store your information in our systems.
  • Once the relationship is terminated, we generally will delete your data pursuant to our standard purge process.
What we don’t do with personal information

  • We do not and will never share, disclose, sell, rent, or otherwise provide personal information to other companies for the marketing of their own products or services.
  • If you are a merchant using Ellipsis Services, we do not use the personal information we collect from you or your customers to independently contact or market to your customers.
How do we keep personal information secure?

  • We follow industry standards on information security management to safeguard sensitive information.
  • No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information. Control over and access to personal information.
We understand that you have rights over your personal information, and take reasonable steps to allow you to limit its use. If you are unable to change your personal information within your account, or if you are concerned about data collected as you visit the Ellipsis website or use our Services, please contact us to make the required changes. It’s important to remember that if you delete or limit the use of your personal information, the Services may not function properly.

Disambiguation

Ellipsis is a separate and distinct entity from Shopify. Specifically, this means that:
  1. Ellipsis is solely responsible for Ellipsis Services.
  2. Shopify is not liable for any fault in Ellipsis Services or any harm that may result from their installation or use.
  3. Except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of Ellipsis Services
  4. Shopify is not responsible for any liability which may arise from the development, use, marketing or distribution of or access to Ellipsis Services, including application support, developer access, use, distribution or storage of Merchant Data.
Comments and feedback

If you as a User have any comments, feedback, ideas or suggestions about Ellipsis, the Services and/or the applications feel free to submit such content via email at info [at] ellipsis.systems. Be advised that Ellipsis is free to use any ideas or suggestions that you submit to Ellipsis, without any compensation or credit.

Indemnity

Ellipsis and their subsidiary companies, managers, officers, owners, agents, executives and members of their staff are exempt of responsibility for the claims, lawsuits or legal actions which can be derived from the use of Ellipsis services or of the infringement of the conditions. This includes whatever responsibility or expenses that derive from the lawsuits, trials, court, lawyers’ fees, claims, losses, and damages.

Changes to our terms of service

We may update our terms of service from time to time which we will post on our website at http://www.ellipsis.systems/knowledge-base/tos/ . All changes will be made at our sole discretion and will take effect immediately. You agree to be bound to any changes to this agreement when you use the Site after any such modification is posted. It is therefore important that you review the Terms of Service regularly to ensure you are updated with the changes. Violation of any of the terms will result in the termination of your Account.

Contact us

If anything remains unclear after reading these Terms of Service, please feel free to contact us at info [at] ellipsis.systems.