Terms And Conditions
Last Updated: 8th April 2023
Welcome to Speedy Squirrel! These Terms and Conditions (“Terms”) govern your use of our software-as-a-service products (Shipping Calculator, ShipHelp, Auto Shipping Profiler, Speedy Payment Customization Engine) (hereafter referred to as “Service”). By accessing or using our Service, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you may not use the Service.
1. Definitions
1.1 “Customer” means any individual or entity who subscribes to or uses the Service.
1.2 “Customer Users” means the Customer’s employees or agents who access and use the Service for the specified purpose.
1.3 “User” means any individual who is authorized by the Customer to use the Service.
2. Service Use
2.1 Subscription: Subject to these Terms, Speedy Squirrel grants you a non-exclusive, non-transferable, limited license to access and use the Service.
2.2 Restrictions: You shall not (a) copy, modify, or create derivative works based on the Service; (b) reverse engineer or decompile the Service; (c) use the Service for illegal or unauthorized purposes; (d) sell, lease, or distribute the Service.
3. Subscription Fees
3.1 Subscription Plans: The Service offers various subscription plans. Details of the subscription plan and associated fees are available inside our platform.
3.2 Payment: Subscription fees are billed in advance on a monthly/annual basis and are collected by Shopify on our behalf.
3.3 Refunds: Subscription fees are non-refundable, except as required by law or otherwise provided in these Terms.
3.4 Automatic Subscription Renewal: Your subscription will automatically renew at the end of the subscription period unless you cancel the subscription before the renewal date.
4. Customer Data
4.1 Ownership: You retain all rights to your data submitted to the Service (“Customer Data”). Speedy Squirrel does not claim ownership of Customer Data.
4.2 Usage: You grant Speedy Squirrel a non-exclusive license to use, reproduce, and process Customer Data solely to provide and improve the Service.
4.3 Data Protection: We implement industry-standard security measures to protect Customer Data. However, you are responsible for maintaining the confidentiality of your account credentials.
5. Intellectual Property
5.1 Ownership: Speedy Squirrel retains all rights, title, and interest in and to the Service, including all related intellectual property rights.
5.2 Trademarks: Speedy Squirrel and related names, logos, product and service names are trademarks of Speedy Squirrel. You may not use these trademarks without our prior written permission.
6. Warranties and Disclaimers
6.1 Warranty Disclaimer: The Service is provided “as is” and “as available” without warranties of any kind, either express or implied. Speedy Squirrel does not warrant that the Service will be uninterrupted or error-free.
6.2 Limitation of Liability: In no event shall Speedy Squirrel be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of the Service, even if Speedy Squirrel has been advised of the possibility of such damages. Our total liability for any claim arising from or related to the Service shall not exceed the amount paid by you to Speedy Squirrel for the Service in the twelve months preceding the claim.
7. Indemnification
You agree to indemnify, defend, and hold harmless Speedy Squirrel and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or related to your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
8. Termination
8.1 Termination by You: You may terminate your account and subscription at any time by providing written notice. Termination will be effective immediately upon receipt of such notice.
8.2 Termination by Us: We may suspend or terminate your account and your access to the Service if you violate these Terms or if your use of the Service could cause harm to Speedy Squirrel or other users.
8.3 Effect of Termination: Upon termination, all rights granted to you under these Terms will cease. You are responsible for any fees due up to the date of termination. All provisions of these Terms that, by their nature, should survive termination, including ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability, shall survive termination.
9. Changes to Terms
9.1 Changes to Terms: We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website or by other means of communication. Your continued use of the Service following the posting of the revised Terms constitutes your acceptance of such changes.
9.2 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Massachusetts, USA, without regard to its conflict of law provisions.
9.3 Dispute Resolution: Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
10. Contact Information
If you have any questions about these Terms, please contact us at info@speedysquirrel.co.