Terms of Service
Effective date: January 01, 2025
Version: v20250514
1. INTRODUCTION
Welcome to CUSTOMALL (https://customall.io, hereinafter referred to as the "Website", “Site”) - a technology Platform that allows individuals, businesses, and organizations to easily design personalized products that integrate seamlessly with existing platforms like Shopify and WooCommerce. It is operated by Compound Prosperity Co. Ltd. (hereinafter referred to as "CUSTOMALL"). Throughout the site, the terms “we”, “us” and “our” refer to CUSTOMALL.
CUSTOMALL provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Before using or accessing our platform, please read these Terms of Service ("Terms of Service", "Terms of Use", "Terms & Conditions", "Terms", "Agreement") carefully. These Terms of Service apply to all users of the Website, including but not limited to browsers, vendors, customers, merchants, and/or content contributors ("you", "your", "user", "customers").
By accessing or using any part of the Website, you engage in our "Service" and expressly agree to be bound by these Terms of Service, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. You acknowledge that you have read and understood the terms and agree to be bound by them.
If you do not fully agree with one or more or all of the terms and conditions set forth in this Agreement, please do not access the website or stop using any of our services immediately.
Any new tools or features added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website at any time without notice to you. It is your responsibility to periodically check this page for changes. Unless otherwise specified, all modified terms will automatically take effect immediately upon being posted, and your continued use of our Service constitutes acceptance of the modified terms. You are obligated to review and become familiar with any changes.
Thank you for ensuring compliance with the regulations.
2. ACCESS RIGHTS AND MEMBERSHIP ELIGIBILITY
1. Access Conditions
By accessing and using our Service, you represent and warrant that you are of legal age according to the laws of your country and capable of entering into a contract with us and that you are not prohibited by applicable law from accessing or using the Services. If you are underage, you must have parental or guardian consent to use the Services.
If you open an account on behalf of a business, organization, or any other entity, you must ensure that you are authorized to grant all the rights provided in these Terms of Service and bind that entity to the Terms of Service. You also agree to these Terms of Service on behalf of that entity.
2. Creating an Account
To enjoy all the benefits of CUSTOMALL, you may need to register a personal account and become a member ("Member") on CUSTOMALL. When creating an account, you commit to providing accurate, complete, and current information. You agree to update your account information promptly to ensure that this information is always accurate and complete.
When you create an account on the Website, you must provide accurate information and update it if there are any changes. Failure to comply with this is considered a violation of the Agreement, which may result in the immediate termination of your account on our website.
You must not use the names of other people or entities as a username without legal permission or a name or trademark that is subject to the rights of another person or entity other than you without appropriate authorization. You must not use any offensive, vulgar, or provocative username.
CUSTOMALL only allows each user to create one account, and if you attempt to create multiple accounts or violate our fair use policy, we reserve the right to delete data and ban and/or restrict access to our Services.
3. Account Security
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer, phone, other access devices, and/or your account, as well as not sharing your login information with anyone else. You are responsible for all activities or actions that occur under your account and/or password, whether your password is used with our Services or a third-party service.
You are responsible for sharing access or assigning the accessing role of your account or/and any of your information to any third party. Such sharing and assigning access to your account must be approved under written consent among you, such third parties and CUSTOMALL. Any sharing and assigning access to your account without written consent shall be considered as violations of this Terms of Service.
CUSTOMALL will not be liable for your losses and those of your customers due to any unauthorized use of your account, you may be liable for the losses of CUSTOMALL and others due to such unauthorized use.
You accept that we may provide or/and disclose your Account information to the Government Authorities under the enforceable documents issued by such Government Authorities as per the legal requirements under any jurisdiction.
4. Account Termination
You agree that:
- You are not allowed to create an account or access the Services if you do not meet the conditions as stipulated in Section 2.1;
- You may not have more than one account at any time and may not create an account using false information or identities.
- We may refuse your registration or cancel the current registration for any reason at our sole discretion.
- We will collect and use the email address and phone number you provide as the main communication method.
- Any harassment or abuse towards us may result in the immediate termination of your account.
We reserve the right to terminate or suspend your account and access to the Services at any time without prior notice for any reason, including but not limited to violations of these Terms.
5. Right to Use the Service
We grant you a limited, non-transferable, non-exclusive license to access and use our Services in accordance with these Terms. We reserve the right, at our sole discretion, to modify or discontinue providing the Service or any part of it without prior notice.
You understand that you are solely responsible for the Content that you post on or through the Service. You represent that you have all the necessary rights to the Content, including all the rights needed to post or use the Content on your Products sold, produced, or stored by CUSTOMALL. You also represent that you do not violate or infringe any third-party rights by posting or using the Content on your Products sold, produced, or stored by CUSTOMALL.
CUSTOMALL and its designated agents will have the right, but not the obligation, at their sole discretion, to pre-screen (using automated and/or manual means), refuse, or remove any Content available through the Service. Without limiting the foregoing, CUSTOMALL and its designated agents will have the right to remove, block, and disable any Content. You agree that you must evaluate and, to the extent permitted by law, bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CUSTOMALL or submitted to CUSTOMALL, including but not limited to information in CUSTOMALL's collaborative posts and in all other parts of the CUSTOMALL Service.
Without limiting other remedies, we may limit, suspend, or terminate our Services and your account, prohibit access to our website, delay, remove, block, or disable stored Content, and take technical and legal steps to keep you off the Site if we believe that you are creating problems, causing potential legal liabilities, violating this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long period.
You are responsible for providing CUSTOMALL with accurate and truthful information, including but not limited to your first and last name if you are a User, or the retail price if you are a Seller. If you provide CUSTOMALL with inaccurate or false information (a) you will be liable to CUSTOMALL for any damages and losses (including but not limited to taxes) arising from such inaccurate or false information, (b) you will indemnify CUSTOMALL for such damages and losses (including but not limited to taxes), and (c) CUSTOMALL reserves the right to charge you for such damages and losses (including but not limited to taxes) and restrict or suspend your access to the Service.
6. Member Responsibilities
You represent and warrant that you will not engage in any unlawful activities with respect to CUSTOMALL or any third party, including when using CUSTOMALL's Services or in the course of selling to your own customers. CUSTOMALL reserves the right to request any reasonable documentation, information, or other materials, including "Know Your Customer" documents, as well as to conduct interviews to verify and ensure compliance with CUSTOMALL's Terms. CUSTOMALL reserves the right, at its sole discretion, to suspend the provision of all or part of CUSTOMALL's Services and withhold any payments that CUSTOMALL owes to you if CUSTOMALL has reason to believe that you have engaged in any unlawful activity or violated CUSTOMALL's Terms.
You agree to use the Services only for lawful purposes and to comply with all applicable laws, regulations, and rules when using the Services. You may not use the Services to distribute, store, or transmit material that is illegal, infringes on the rights of others, or violates these Terms.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
3. RIGHTS AND CONTENT RESTRICTIONS
1. User Rights to Content
Users will retain ownership of all content they create and post on our platform. This includes, but is not limited to, text, images, videos, and any other type of content created by users. However, by posting content on our platform, users agree to grant us a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with providing our services and related business activities, including but not limited to promoting and redistributing part or all of the services (and derivative works thereof) in any media formats and through any media channels.
Users represent and warrant that: (a) they own the content they post or have the right to grant the rights and licenses as described in these Terms; (b) the posting and use of their content on or through our services will not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We are not responsible for any content posted by users, and we reserve the right, but have no obligation, to monitor, control, edit, or remove any content that we deem to violate these Terms or to be harmful in any way.
2. User Obligations and/or Responsibilities for Content
Users have the following obligations and responsibilities with respect to the content they create and post on our platforms:
- a. Respect for intellectual property rights: Users undertake not to post any content that violates the copyright, trademark, or other intellectual property rights of any third party. Users are responsible for ensuring that they have full permission to use and share any content they post. Accordingly, Users shall bear full responsibility and liability for any damages, compensations as a result of infringing third party's intellectual property rights, while waiving such responsibility and liability for us.
- b. Compliance with Laws and Regulations: Users agree to comply with all applicable laws and regulations, including but not limited to those related to data protection, privacy, and content that is pornographic, violent, or hateful.
- c. Do not post prohibited content: Users are not allowed to post any content that is offensive, pornographic, violent, racist, or any content that may be harmful or offensive to others. other. Users are also not allowed to post content that contains viruses, malware or any other harmful code.
- d. Responsibility for Content: Users are solely responsible for all content they post. This includes, but is not limited to, liability for any damages caused by the content they post.
- e. Cooperation with us: Users commit to cooperate with us where necessary to resolve issues related to the content they have posted. This includes providing additional information or taking necessary actions to comply with the platform's regulations or legal requirements.
- f. Infringement Notification: Users are responsible for promptly notifying us of any alleged violations they become aware of regarding content on the platform. Users can notify us through the contact channels provided by us.
By using our services, users agree to comply with and be responsible for the above obligations and responsibilities. Violation of any of these terms may result in the suspension or termination of the user's account and/or the imposition of necessary legal action.
3. Our rights to user content
By posting Content to the Service, You grant CUSTOMALL a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, copy, save, modify, create derivative works, perform and distribute Your Content for the purpose of operating, developing and promoting the CUSTOMALL Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content in accordance with these Terms.
When users upload content to CUSTOMALL's platform, you grant us the following specific rights to that content:
- a. Rights to use and display: CUSTOMALL has the right to use, display, reproduce, distribute and transmit user content on our platform and other related channels to provide and promote our services. we. This includes use of content in advertising, marketing materials, and other publications.
- b. Right to edit and modify: CUSTOMALL reserves the right to edit, modify, or create derivative works from user content to conform to the technical or content requirements of the platform. These edits and modifications will not change the original meaning of the content without the user's consent.
- c. Sublicensing rights: CUSTOMALL reserves the right to sublicense the rights to user content to third parties for the purpose of providing services or collaborating with our partners. This sublicense shall be subject to the same terms and conditions as the rights granted by the user to CUSTOMALL.
- e. Right to protect and enforce: CUSTOMALL reserves the right to take necessary measures to protect and enforce intellectual property rights over content posted by users. This includes sending notices of infringement, requesting removal of infringing content, or taking necessary legal action to protect the rights of CUSTOMALL and its users.
- f. Storage and backup rights: CUSTOMALL reserves the right to store and backup user content on our servers or those of our hosting service partners to ensure service continuity and safety. This storage and backup will be subject to our security and privacy practices.
- g. Right to remove content: CUSTOMALL reserves the right to remove any content that we believe violates the terms of use, is harmful to other users, or is inconsistent with the platform's direction. This decision is entirely within the authority of CUSTOMALL and does not require prior notification to users.
By using our services and posting content to the platform, users agree to grant CUSTOMALL the above rights. CUSTOMALL commits to using these rights reasonably and in accordance with current legal regulations.
4. Content Restrictions
When using the CUSTOMALL platform, users must comply with the following restrictions regarding the content they create and post:
- a. Exploitation of Children: You must not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or content that presents children in a sexual manner.
- b. Harassment, Bullying, Defamation, and Threats: You must not post or upload Content that harasses, bullies, defames, or threatens a specific individual.
- c. Hateful Content: You must not post or upload Content that condones or encourages violence against individuals based on race, ethnicity, color, nationality, religion, age, gender, sexual orientation, disability, health status, or veteran status, encourages crime and/or terrorism.
- d. No Pornographic or Obscene Content: Users are not allowed to post any content that is pornographic, obscene, or inappropriate according to societal standards.
- e. No Illegal Content: Users are not allowed to use the platform to post or promote illegal activities, including but not limited to drug trafficking, fraud, or any other unlawful acts.
- f. No Copyright Infringement: Users are not allowed to post content that infringes on copyrights, trademarks, or other intellectual property rights of third parties. Any content without the legal permission of the owner is prohibited.
- g. No Fraudulent or False Content: Users are not allowed to post content containing false, misleading, or deceptive information.
- h. Personal and Confidential Information: You must not post or upload any Content containing personally identifiable information (sensitive personal information or confidential information), such as credit card numbers, secret identification numbers, or account passwords, unless you have the consent of the information owner or the person authorized to provide such consent.
- i. No Harmful Content: Users are not allowed to post content containing viruses, malicious code, spyware, or any other tools that could harm the platform, systems, or other users.
- j. Self-Harm: You must not post or upload Content that encourages self-harm.
- k. Terrorist Organizations: You must not post or upload Content that implies or promotes support, funding, or membership in a terrorist organization.
- l. No Spam or Unauthorized Advertising: Users are not allowed to post spam content, unauthorized advertisements, or any promotional content that annoys other users.
By using our services, users agree to comply with the above restrictions. Violating any terms in this section may result in the suspension or termination of the user's account, and we reserve the right to take necessary legal measures.
5. Intellectual Property
The CUSTOMALL platform and all its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by CUSTOMALL, our suppliers, or other licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- a. Ownership: CUSTOMALL retains ownership of all content and resources on our platform, unless otherwise explicitly agreed. Nothing in these Terms grants or licenses any of CUSTOMALL's intellectual property to users, except as necessary to use the services under these terms.
- b. Trademarks: The trademarks, trade names, logos, and service marks (collectively, "Trademarks") displayed on the CUSTOMALL platform are the property of CUSTOMALL or third parties. Users are not permitted to use these Trademarks without prior written consent from CUSTOMALL or the respective trademark owner.
- c. Limited License: CUSTOMALL grants users a personal, non-exclusive, non-transferable, and limited license to access and use our platform and services under these Terms. This license does not include the right to: (a) resell or commercially use any part of the services; (b) collect and use product listings, descriptions, or prices; (c) use this service to create derivative works from our services; or (d) download or copy any information for the benefit of a third party.
- d. Reporting Infringement: If users believe that any content on our platform infringes their intellectual property rights, they can notify us following the procedures provided in our infringement reporting policy. We will review and address infringement reports in accordance with our internal processes and applicable legal requirements.
- e. Reservation of Rights: CUSTOMALL reserves all rights not expressly granted in these Terms. Users are not permitted to use any content on our platform for any purpose other than those authorized under these Terms without our prior written consent.
By using our services, users agree to comply with the above intellectual property provisions and not to infringe any intellectual property rights of CUSTOMALL or third parties.
6. Respect for Intellectual Property Rights
CUSTOMALL respects your and third parties' intellectual property rights, and we expect users of our Services to do the same. We may (where appropriate and at our discretion) disable or terminate the accounts of users who infringe or are repeatedly reported to infringe copyright or other intellectual property rights of others.
CUSTOMALL prohibits the use of our Services for selling counterfeit goods. Users printing and selling counterfeit goods through our Services may be liable for selling counterfeit products if they have reason to know or know that the product is counterfeit.
We ask that you respect the work and creative rights of others. You must own the content you post on CUSTOMALL or have explicit authority to post that content. Content must comply with laws regarding public rights, trademark laws, intellectual property laws, and copyright laws, as well as all other current national, state, and federal laws.
If you believe there is a copyright or/and trademark infringement or other intellectual property rights violation on CUSTOMALL, you may notify us as outlined in Section 3.7.
Please note that CUSTOMALL cannot provide you with legal advice or representation, and we advise you to consult with a licensed attorney in your legal jurisdiction if you are seeking legal advice.
If you are a copyright owner or authorized to act on behalf of a copyright owner, you may report alleged copyright infringements on the Service by completing a DMCA Notice. Under the Digital Millennium Copyright Act ("DMCA"), which you can find on the U.S. Copyright Office website, we will respond promptly to notices of alleged copyright infringement reported through a DMCA Notice or sent to our email. Upon receiving your DMCA Notice, we will notify the user responsible for uploading the corresponding content and provide the user with an opportunity to respond. We will take any additional actions we deem appropriate, which may include removing reported content from CUSTOMALL. Please note that it may take up to 10 business days to process, review, and take action on your request.
7. Intellectual Property Infringement Handling Process
CUSTOMALL is committed to protecting our own intellectual property rights as well as those of third parties. To handle cases of intellectual property infringement, we follow the procedures below:
a. Infringement Notice: If you believe that your intellectual property rights have been infringed by content on our platform, you may send an infringement notice to CUSTOMALL via email. This notice should include the following information:
- Detailed description of the intellectual property work or asset allegedly infringed.
- Detailed description of the allegedly infringing content and its location on the CUSTOMALL platform.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the content in the notice is not authorized by the copyright owner, their agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- Electronic or physical signature of the copyright owner or authorized representative.
b. Review and Response: Upon receipt of the infringement notice, CUSTOMALL will review and verify the accuracy of the complaint. We will contact the notifier to request additional information if necessary.
c. Removal of Infringing Content: If we determine that the content complained of infringes intellectual property rights, we will remove or disable access to that content. We will also notify the user who posted the removed content about this infringement.
d. Appeal Process: Users have the right to file an appeal if they believe their content does not infringe intellectual property rights. The appeal should include the following information:
- Detailed description of the content that was removed and its location on the CUSTOMALL platform before removal.
- A statement that you believe the removed content was mistaken or does not infringe intellectual property rights.
- Your name, address, telephone number, and email address.
- Your electronic or physical signature.
e. Appeal Review: CUSTOMALL will review the appeal and verify the accuracy of the provided information. If we determine that the content was removed mistakenly, we will restore the content and notify both parties of this decision.
f. Additional Remedial Measures: In cases of serious or repeated violations, CUSTOMALL reserves the right to apply additional measures, including but not limited to suspending or terminating the account of the infringing user, and taking necessary legal actions.
For COPYRIGHT Infringement Report Form, please follow this link for fill-in the required information/documentation and submission: TV239-24-2-Copyrights Report Form
For TRADEMARK Infringement Report Form, please follow this link for fill-in the required information/documentation and submission: TV239-24-3-Trademark Report Form
4. COOKIES; PRIVACY POLICY
Our Services require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using our Services, we and our associated third parties may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Services and/or User Platforms.
We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices. For more detailed, please read Privacy Policy.
5. PAYMENT AND TAX POLICY
1. Usage Fees
CUSTOMALL offers service packages at different prices depending on the features and the number of custom products you want to use. The packages range shall be as shown in Pricing.
2. Payment Policy
Payment Methods: CUSTOMALL accepts payments via credit card, PayPal, and other popular online payment methods.
Payment Cycle: Payments for orders are made immediately when the order is placed. For paid service packages, payments are made monthly.
Service Cancellation Policy: You can cancel paid service packages at any time. However, fees already paid will not be refunded.
3. Taxes
You are responsible for paying any applicable taxes to your local tax authorities unless we have informed you otherwise. You are responsible for (and will charge) all applicable taxes, including but not limited to sales tax, VAT, GST, and other taxes, as well as duties related to the Products (if any). In some states in the United States and some countries, CUSTOMALL may collect applicable taxes from you as the seller and remit them to the appropriate tax authorities (if applicable). In some cases, you are required to provide a valid tax exemption certificate, such as a Resale Certificate, VAT ID, or ABN.
6. FREE TRIAL
CUSTOMALL may, at its sole discretion, offer you a limited free trial period ("Free Trial").
- Trial Period: The free trial period lasts for 14 days. After this period, you will be charged if you do not cancel the service.
- Payment Information Requirement: CUSTOMALL may require you to provide payment information (credit card or bank account) before the trial period begins. This ensures that if the user continues to use the service after the trial period ends, payment will be made automatically.
- Service Cancellation: You can cancel the service during the trial period to avoid being charged. The cancellation process may require you to do so online through your account or by contacting CUSTOMALL's customer support.
- Feature Limitations: CUSTOMALL may limit certain features during the free trial period. You may purchase a paid version for a more complete experience.
- Refund Policy: In some cases, if you are charged due to not canceling the service in time, you may request a refund within a certain period after the trial expires. However, we reserve our sole decision on whether such a refund should proceed or not.
- Notice Before Charging: CUSTOMALL will send a notification to users before the trial period ends and the service begins to be charged. This allows you to decide whether to continue or cancel the service before being charged.
- Modification/Cancellation of Trial Policy: CUSTOMALL reserves the right to: (i) modify the Terms of Service of the free trial offer, or (ii) cancel the free trial offer at any time without notice.
7. MODIFICATIONS
We reserve the right to change our terms, services and fees. Please stay tuned for updates to our terms by checking the Policy Updates section of our website.
All such changes will take effect immediately upon posting to the website by CUSTOMALL. It is your responsibility to review and become familiar with these changes, and you agree to check the terms of the Agreement each time you access or use the website to be aware of any modifications. Your continued use of the website and services after CUSTOMALL posts changes will be deemed acceptance of the revised terms and conditions of the Agreement. If you do not agree to the revised terms, you are not authorized to access or use the website or other services and must notify CUSTOMALL in writing via email. CUSTOMALL will then lock your account within 30 days of receiving the notice.
8. GOVERNING LAW; DISPUTE RESOLUTION
These Terms and any separate agreements regarding the provision of Services shall be governed by and construed in accordance with the laws of Vietnam. If any dispute arises, we will apply the laws of Vietnam to resolve it.
CUSTOMALL's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event a court holds any provision of these Terms to be invalid or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements with respect to the Service.
You expressly acknowledge and agree that we shall have the right to enforce these Terms of Service against you.
Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
If there is a dispute arising out of/or related to these Terms of Service, you agree to first contact CUSTOMALL Seller Support to attempt to resolve the issue. If the negotiation can not solve the dispute, any dispute arising out of or in relation with this Terms of Service shall be resolved by arbitration at the Vietnam International Arbitration Centre (VIAC) in accordance with its Rules of Arbitration. The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited procedure set out in Article 37 of the VIAC Rules of Arbitration.
9. LINKS TO THIRD PARTIES
CUSTOMALL's Services may contain links to third-party web sites or services that are not owned or controlled by CUSTOMALL. CUSTOMALL is not responsible for examining or evaluating the content or accuracy of such third party materials and does not warrant or assume any liability or responsibility for any materials or sites of any third party or to any other materials, products or services of a third party.
We advise you to read the terms of service and privacy policies of any third-party website or service that you visit.
10. TERMINATION
When using CUSTOMALL's services, you are responsible for complying with our policies. If you violate CUSTOMALL's policies, we may restrict or terminate your access to our services.
Additionally, if we suspect or confirm that you are not complying with the terms, we reserve the right to terminate this agreement at any time without prior notice to you. This means we may restrict, suspend or terminate your account and access to our services, websites and content. We may also take technical and legal actions to prevent you from using our website.
On your part, you may terminate this agreement at any time by notifying us that you no longer wish to use CUSTOMALL's services (by ceasing to use the website).
11. LIMITATION OF LIABILITY
CUSTOMALL will not be liable for any damages or legal liabilities you incur if you violate the law, breach these terms of service, or infringe upon any third-party rights, leading to legal action (this also includes any misrepresentation made by you and any content liability claims).
To the maximum extent permitted by law, you are responsible for defending, indemnifying, and holding CUSTOMALL and CUSTOMALL Parties harmless from any claims or demands made by any third party (including but not limited to your customers), as well as any damages, losses, liabilities, judgments, costs, reasonable attorney fees, and other expenses of any kind and nature, known and unknown, incurred or suffered by CUSTOMALL Parties, relating to or arising from: (a) your breach of this Agreement; (b) your use (or misuse) of our Services; (c) your Content; (d) your Content or account violating the intellectual property or other rights of others; (e) your violation of any laws or third-party rights; (f) or if you are a Merchant, any claims related to products or items you sell through our Services, including claims regarding your misrepresentation to customers and claims for physical injury or property damage caused by any of your products or items that you use via CUSTOMALL services.
We reserve the right to take legal defense measures as we see fit, even if you indemnify us, in which case, you agree to cooperate with us to implement our strategy.
We are not responsible for any losses you incur as a result of your use of our Services, your contents, your purchase and use of Products or your marketing or sale of your Products to Customers. We are not responsible if you break the law or breach this agreement and are sued as a result.
You understand and you agree that, Under no circumstances will CUSTOMALL, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors We shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever. of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages, whether based in contract, tort tort (including negligence), strict liability or otherwise, arising from your use of any services or products purchased using the services or for any claim whatsoever related to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind arising from the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of such possibility
Local laws may prevent CUSTOMALL from excluding certain types of damages. Therefore, these limitations may not apply in all situations.
12. COMMITMENT
By using CUSTOMALL, you agree to abide by our terms and respect the rights to our brand names, trademarks, and digital items. If we need to contact you, we will do so via email.
CUSTOMALL grants a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own use in accordance with the other provisions of these Terms of Service.
When using CUSTOMALL's services, you need to comply with the following commitments:
1. Do not use CUSTOMALL Services to violate the law
You agree to comply with laws regarding your use of the CUSTOMALL Services. Including local, state, federal and international laws that may apply to you or CUSTOMALL.
You also undertake not to export, re-export or transfer CUSTOMALL Products to countries or territories that are prohibited or are the target of an embargo or comprehensive sanctions, or parties on the relevant list to the sanctions mentioned above.
Additionally, you agree not to use the Services to impersonate or attempt to impersonate CUSTOMALL, any other CUSTOMALL Party, or any other person or entity. You also undertake not to use the Services to exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
The terms "CUSTOMALL Parties" refer to: (a) CUSTOMALL, (b) CUSTOMALL's subsidiaries, affiliates and joint ventures, and (c) its officers, directors, members, managers, stockholders, agents and employees of CUSTOMALL and its subsidiaries, affiliates and joint ventures.
2. Do not attempt to harm our system
You agree not to interfere with or attempt to disrupt our Services, for example by distributing viruses or other harmful computer code to our platform, third party services or programs. other programs or systems that our customers may use to promote their Products.
You also undertake not to use the Services to: (i) send, knowingly receive, upload, download, use or reuse any material that does not comply with this Agreement; or (ii) engage in any other conduct that may restrict or inhibit anyone's use or enjoyment of the Services or that may harm any CUSTOMALL Party, making them liable legal responsibility.
You agree that CUSTOMALL has the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, in CUSTOMALL's sole discretion.
3. Comply with Brand Guidelines
The name "CUSTOMALL", symbols, phrases, logos and designs that we use in connection with the Products or Services we provide are trademarks, service marks or trade dress of CUSTOMALL in the United States. United States, European Union and all other countries, used for exclusive purposes at our sole discretion. Except as expressly set forth in these Terms of Service, CUSTOMALL does not grant you any rights to use CUSTOMALL's trademarks, service marks or trade dress.
You may indicate in relation to a Service or Product provided by CUSTOMALL that CUSTOMALL has provided such Service or Product. If you use any of our trademarks in connection with our Products or Services, you must include a statement attributing the trademark to us.
You may not use any of our trademarks: (i) in or as the whole or part of your own trademark; (ii) in connection with activities, Products or Services other than ours; (iii) in a manner likely to cause confusion, misunderstanding or deception; or (iv) in a manner that disparages us or our information, Products or Services (including the Site).
CUSTOMALL reserves the right to require you to immediately remove any misused symbols, phrases, logos and designs at our sole discretion.
4. Share your ideas
We welcome your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or materials that you submit to CUSTOMALL (other than Content or Products that you sell or list through our Services) are considered non-confidential and non-proprietary to you.
By submitting such ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish such ideas and materials for any purpose, without compensation to you at any time.
5. Ways of Communication
CUSTOMALL will provide you with legal information in writing. By using our Services, you agree to our ways of communication that describe how we provide such information to you. This simply means that we have the right to send you information electronically (via email, etc.) instead of sending you paper copies (better for the environment).
6. Digital assets
Digital assets (such as mockups, templates, images, and other design assets) and text created in connection with the Products and/or Services we provide and their intellectual property rights belong to CUSTOMALL. Digital assets and any results can only be used in connection with the advertising, promotion, provision, and sale of CUSTOMALL's Products and cannot be used for other purposes or in conjunction with products from other manufacturers.
If CUSTOMALL provides Users with the ability to modify or customize any digital assets, you will ensure that the Content used to modify such digital assets will comply with intellectual property laws and our Acceptable Content guidelines.
13. FORCE MAJEURE
CUSTOMALL shall not be liable to you, nor shall it be deemed to be in breach or non-performance of this Agreement, for any failure or delay in performance by CUSTOMALL under this Agreement when such failure or delay is caused by or is a result of acts or circumstances beyond our reasonable control, such as fire, flood, earthquake, governmental action, war, invasion or hostilities, national emergency, explosion, threat or act of terrorism, riot or other civil unrest, insurrection, epidemic, lockout, strike or other labor dispute (whether or not involving our workforce), inability or delay in obtaining supplies, telecommunications failure, or power outage, collectively referred to as "Force Majeure Events."
14. GENERAL TERM
All Terms of Services play a crucial role in forming the comprehensive Agreement between CUSTOMALL and its customers.
In the event that a term of service is invalidated by a decision of a competent court, it shall not affect the validity of the remaining terms.
In the event of any violations related to the Terms of Service, CUSTOMALL reserves the right to seek all remedies and take all necessary actions as prescribed by law to prevent violations and damages arising from the customer's non-compliance with the Terms of Use.
CUSTOMALL is always open to receiving feedback from customers regarding website content and service quality. If there is any part of this website that a customer believes has signs of inaccuracy, incompleteness, or outdated information, please notify CUSTOMALL so that we can review and assess it.
15. CONTACT
We welcome your feedback at:
Email: support@customall.io