Knowledge Base

1 Overview. The terms and conditions set forth below, as they may be amended from time to time (these “Terms of Service”) constitute a legally binding agreement between Arctic Leaf Inc. (“the Company”) and you, the user (“you”, the “User”). By accessing or visiting any part of the https://www.arcticleaf.com or https://help.arcticleaf.com or https://portal.arcticleaf.com or https://clients.arcticleaf.com websites (the “Websites”), any related websites or SaaS applications, including those made available via third-party marketplaces (e.g., Shopify, BigCommerce, and Miva), or subscribing for or otherwise making use of the services offered hereon and all services ancillary thereto or associated therewith (the “Services”), you agree to be bound by these Terms of Service, including those additional terms, conditions, and policies referenced herein and/or published by the Company from time to time. Your use of the Websites and the Services is conditional upon you so agreeing.

These Terms of Service apply to all users of the Website and Services, including without limitation, users who are browsers, partners, vendors, customers, merchants, and/or contributors of content.

You acknowledge and agree that the Company may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Company’s website, available at https://help.arcticleaf.com/terms-privacy/terms-of-service, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the Company's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Websites or Services.

The Websites are operated by the Company. Use of the expressions “we,” “us,” and “our” throughout these Terms and Service and elsewhere on the Websites refer exclusively to the Company.

We reserve the right to refuse access to the Websites or Services or any part thereof to any person or entity at any time and for any reason whatsoever.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

1.1 License Grant. Subject to your compliance with these Terms of Service and payment of any applicable fees, Arctic Leaf Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services, including any SaaS applications, for your internal business purposes.

1.2 Acceptable Use. You agree not to misuse the Services, including, but not limited to: attempting to gain unauthorized access to the Services, reverse engineering or decompiling the software, scraping or data mining, or using the Services to engage in unlawful activity. We reserve the right to suspend or terminate your access to the Services if we believe, in our sole discretion, that you are using them inappropriately or in violation of applicable laws.

2 Account Setup. The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.

If, however, you are signing up for the Services as a representative, or agent, of a third-party (i.e., a “Principal”), for example, on behalf of your employer, the Principal (e.g., your employer) shall be the Account Owner. If you are signing up for the Services on behalf of a Principal, then you represent and warrant that you have the authority to bind your Principal to our Terms of Service.

3 Use of Services. The User represents, covenants, and warrants that he, she, or it will use the Services only in compliance with these Terms and Service and applicable laws and regulations.

The User shall be responsible for obtaining and maintaining any equipment and ancillary resources needed to install the application, connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, electronic mail servers and the like (the “Equipment”). The User shall also be responsible for maintaining the security of the Equipment, its account, any passwords, and for preventing all uses of the User’s account or the Equipment without User’s knowledge or consent.

The Company may collect anonymized, aggregated usage data to improve its products and services. By using the Services, you agree to such collection and use.

4 Payment and Pricing. You will pay the fees applicable to your subscription to the Services (“Subscription Fees”) and any other applicable fees (together, the “Fees”).

You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. The Company will charge applicable Fees to the credit card account that you authorize ("Authorized Card"), and will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.

Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email address provided.

If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 1 day(s) later. If the second attempt is not successful, we will make a third attempt 3 day(s) following the second attempt. If the third attempt is not successful, we will make a final attempt 3 day(s) following the third attempt. If our final attempt is not successful, we may suspend and revoke access to your account and the Services. Your account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You will not be able to access your account or the Services during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, the Company reserves the right to terminate your account and access to the Services.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of the Company's Services. If you are not charged Taxes by the Company, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

The Company does not provide refunds.

All prices quoted on the Websites or third-party marketplaces are in USD (United States Dollars).

Although the Company strives to provide accurate product and pricing information, errors or misprints may occur. In the event that any one or more of the Services are listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company shall have the right, at its sole discretion, to refuse or cancel any orders, or any portion thereof and to terminate the purchase agreement without further liability, regardless of whether or not such order has been processed by the Company at the time such error is discovered.

5 User Information. The User agrees that where he, she or it is required to provide information, that such information shall be current, complete and accurate.

All information provided by the User to the Company shall be collected, used, and maintained in accordance with the privacy policy of the Company, as it may be amended from time to time.

Users from certain jurisdictions, such as California or the European Union, may have additional rights related to personal data under the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information on how your data is collected, used, and protected.

6 Third-Party Content. Certain content and resources available on the Websites may include content and services created, provided or disseminated by one or more third-parties that are not affiliated with the Company. The Company is not in any way responsible for examining or evaluating the content or accuracy of this content and does not warrant and will not be in any way liable or responsible for any such content.

The Company shall not be liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

The User shall be solely responsible for reviewing and understanding the policies and practices of any third party website, service or content provider prior to engaging in any transaction, and the Company strongly encourages the User to do so. Complaints, claims, concerns, or questions regarding third-party content should be directed to the third-party content provider.

7 Warranty and Disclaimer. The User hereby acknowledges and agrees that the Services are provided “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement except as expressly set forth in these Terms of Service.

The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions. The Services may from time to time become temporarily unavailable for scheduled maintenance or, at any time, for unscheduled emergency maintenance, but the Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. The Company undertakes to use commercially reasonable efforts to conduct maintenance outside of regular work hours. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

The Company does not warrant that beta or experimental features of its SaaS products will function without error or interruption and provides them "as-is."

8 Ownership of Intellectual Property. The Websites, including but not limited to, their design, all text, graphics, content, video, audio, and the selection and arrangement thereof are the property of the Company, and are protected under the intellectual property laws of the United States. None of the content found on the Websites or Services may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written consent of the Company.

The Company related trademarks and design marks displayed on the Websites, Services, or any other medium are the property of the Company. Nothing contained on the Website or Services should be construed as granting, by implication or otherwise, any license or right in any trademarks, including the Trademarks, except with the express written consent of the Company, or, in the case of licensed Trademarks, the express written consent of a third party that owns the applicable trademarks.

You are granted no ownership rights or licenses other than those explicitly set out in these Terms of Service.

9 Communications. By visiting the Websites or sending emails to Arctic Leaf, you are communicating with us electronically. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

10 Submissions and Feedback. You may choose to submit comments, feedback, ideas, or suggestions regarding the Services. By submitting any feedback, you agree that we are free to use such feedback without any restriction or compensation to you. You represent and warrant that you have the right to grant this license.

11 Children’s Information. The Services are not intended for use by anyone under the age of 13. The Company does not knowingly collect personal information from children under 13. If you are under 18, you may only use the Services with the involvement of a parent or guardian.

12 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR:

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, BUSINESS, USE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY;
(C) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA;
(D) ANY INTERRUPTION, DOWNTIME, DELAY, OR INABILITY TO ACCESS OR USE THE SERVICES, INCLUDING DUE TO SERVER OUTAGES OR THIRD-PARTY PLATFORM FAILURES;
(E) ANY ACTS, OMISSIONS, OR FAILURES OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO SHOPIFY, BIGCOMMERCE, MIVA, OR HOSTING PROVIDERS; OR
(F) ANY MATTER BEYOND THE COMPANY’S REASONABLE CONTROL.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13 Indemnification. You agree to indemnify, defend and hold harmless the Company and its affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference herein, or your violation of any law or the rights of any third-party.

14 Miscellaneous. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and be enforceable. In these Terms of Service, words importing the singular number include the plural and vice versa and words importing one gender include all genders.

These Terms of Service are not assignable by the User except with the Company’s prior written consent. The Company may transfer and assign any and all of its rights and obligations under these Terms of Service without consent or notice to the User. These Terms of Service represent the complete and exclusive statement of the mutual understanding of the parties hereto and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter hereof.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and the User does not have any authority of any kind to bind the Company in any respect whatsoever.

15 Dispute Resolution and Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, the Websites, or the Services (including the breach, termination, enforcement, interpretation, or validity thereof), shall first be subject to good faith mediation administered by JAMS in Orange County, California. If the dispute is not resolved through mediation within 30 days of a written request, it shall be finally resolved by binding arbitration conducted under the JAMS Comprehensive Arbitration Rules and Procedures by a single arbitrator in Orange County, California.

The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in a state or federal court located in Orange County, California. Each party shall bear its own costs and legal fees, except as otherwise provided in the arbitration award.

The parties agree that the arbitration shall be conducted in English and that no class action or representative claims may be pursued in arbitration.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service and is hereby expressly excluded.

16 Contact Information. If you have any questions about these Terms of Service, you may contact us at: