By using any of Sommerce services (“Services”) you agree to be bound by the following Terms of
Sommerce (further referred as “we”, “us”, “our”) reserves the right to change or amend these
Terms at any time without
notice. We encourage you to review these Terms regularly, as your continued use of the Services
will confirm your
acceptance of the revised Terms. If you do not want to be bound to these Terms, please do not
sign up for the Services.
To be able to use this service you must be at least 18 years old or
under applicable law as being able to form legally binding agreements.
Registration. To fully use our service you must register as a member by providing complete
and accurate full name,
password and email address. You are not allowed to use someone else’s name or a name that
violates any third party
Emails. Primary means of communication between you and us will be through emails. Thus, you
acknowledge that we may use
your email to notify you about upcoming system updates, new product releases, changes of
your account status etc.,
through emails. We encourage you to carefully read our emails to stay informed. We will not
carry any responsibility if
some information did not reach you as a result of failing to read our emails.
Account security. You must safeguard confidentiality of your access credentials. You are
also responsible for all
activities that occur under your account. Sommerce will not be held responsibility for an
unauthorized access to your
account. If you become aware of any unauthorized access to your account, you must change
your password and notify us as
soon as possible.
If you are signing up on behalf of your employer then account owner is your
You warrant that you have authority to bind your employer to these Terms.
You can transfer your account and pass account ownership rights to a third
party at any time.
In this case you need to inform us and update account information accordingly.
Once your account is transferred to another owner you cannot claim ownership rights for this
Sommerce reserves the right, to the extent of its knowledge and ability, to determine the
rightful account owner in
case of disputes. If we are not able to determine the rightful owner, we can terminate an
account until the resolution
between conflicting parties is found. If there are some amounts due, the person or persons
determined to be the
rightful owners will be obliged to pay them.
Billing and Payment Information
Payments. All Services are prepaid and will not begin until full payment is received. No
credits for unperformed
services are possible. Sommerce does not issue either partial or full refunds, including the
cases when your services
are suspended or terminated before the end of the Services.
Prepayment. It is your responsibility to ensure that your payment information is up to date,
and that all invoices are
paid on time. You agree to pay for the Services in advance of the time period during which
such Services are provided.
Fraud. It is a violation of this Terms for you to misuse or fraudulently use credit cards,
charge cards, electronic
funds transfers, electronic checks, or any other payment method. Sommerce may report any
such misuse or fraudulent use,
as determined in our sole discretion, to governmental and law enforcement authorities,
credit reporting services,
financial institutions and/or credit card companies.
Invoice disputes. You have thirty (30) days to dispute any charge or payment processed by
Sommerce. If you have any
questions concerning a charge on your account, please reach out to our support department
Modification to the pricing and terms. Sommerce retains the right to modify plan pricing and
terms at any time without
additional notice. All changes will be posted in the corresponding sections of the website.
We reserve the right to update the system. Updates may include, but not limited to, adding or
bugs fixes etc. There are no warranties that updated version will not contain bugs or will not
affect your use of the
Services. We can initiate update at any time without additional notice. Sommerce will not carry
any responsibility for
any modifications in code. Restoration of modified code is your responsibility and any
associated costs are to be met
Use of Customer’s Name and Trademarks
Sommerce owns the platform, but we will not claim any rights for your trade names, trademarks,
or data uploaded. With
your consent we may use your trade name, trademark, full name and/or your web-site URL in our
live example section for
We reserve the right to terminate the Service at any time.
Any kind of verbal or written insult of Sommerce member/employee will result in immediate
At our at our sole discretion we reserve the right to remove any content if we determine, in
our sole discretion, it to
be unlawful, offensive, threatening or violating third party copyrights.
sample product images, sample
product descriptions, sample emails texts etc, used in the Service are to demonstrate
Service in operation. It is your
responsibility to change it in accordance with your legal and business needs.
We do not bear any responsibility for the content uploaded by our clients. All claims are to
be addressed directly to
In addition to other restrictions outlined in these Terms, you agree that you will not:
Use the Services for any illegal purposes, beyond the scope of their intended use, or
prohibited in these Terms;
Publish content which is unlawful, offensive, threatening, libelous, defamatory,
obscene or otherwise objectionable or violates any party’s intellectual property or these
Compromise security of the Service;
Send any unsolicited advertising, spam or any other unauthorized promotional materials;
Use any robot, spider, crawler, scraper or other automated means or interfaces which are not
provided by us to access the Services or to extract data.
Disclaimer of Warranties
This Service is “as is” and there is no warranty of any kind either express, implied or
statutory, including but not
limited to the implied warranties of merchantability and fitness for a particular purpose.
Sommerce does not warrant
that the functions of the Service will meet your requirements or that operation of the Service
will be uninterrupted or
error free. You take all responsibility for selecting this Service to achieve your intended
goals. Sommerce does not
carry any responsibility for third party servers operation. This disclaimer of warranty
constitutes an essential part
of this agreement.
Limitation of Liability
Under no circumstances and under no legal theory, tort, breach of contract or warranty or
otherwise, shall Sommerce be
liable to the user or any other party for any indirect, special, punitive, incidental, or
consequential damages of any
character including, without limitation, damages for work stoppage, computer failure or loss of
goodwill, use, data or other intangible or economic losses. In no event will Sommerce be liable
for any damages even if
you or any other party shall have informed us of the possibility of such damages. You assume
total responsibility for
your use of the Service. Your only remedy against Sommerce for dissatisfaction with the Services
is to stop using
Sommerce supports protection of intellectual property rights of other individuals. In accordance
with the Digital
Millennium Copyright Act ("DMCA") and other applicable laws, in our Service it is not allowed to
upload content that
infringes any third party’s copyrights. In appropriate circumstances and at our sole discretion,
we can terminate
accounts which are deemed to be repeat infringers of a third party’s copyrighted works.
This document constitutes the entire and exclusive agreement between the parties with respect to
the subject matter
hereof and supersedes all other communications, whether written or oral.