Terms and Conditions

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Introduction

Welcome to PQCommerce.

These Terms and Conditions ("Terms") govern your access to and use of the PQCommerce website, dashboard, applications, software, integrations, and related services (collectively, the "Services").

PQCommerce provides ecommerce management tools that may include storefront management, products and inventory, order management, shipping and courier integrations, returns, customer management, analytics, marketing integrations, fraud prevention, accounting tools, and other ecommerce-related services.

In these Terms, "PQCommerce", "we", "us", or "our" refers to the operator of the PQCommerce platform.

"User", "you", "your", "Merchant", or "Customer" refers to the individual, business, company, or legal entity using the Services.

By creating an account, purchasing a subscription, accessing the platform, or otherwise using PQCommerce, you agree to be bound by these Terms.

If you are using PQCommerce on behalf of a business or other legal entity, you represent that you have the authority to accept these Terms on behalf of that entity.

If you do not agree with these Terms, you must not use the Services.

1. Eligibility and Account Registration

To use certain PQCommerce features, you may be required to create an account.

You agree to:

  • Provide accurate and current information;
  • Keep your account details updated;
  • Maintain the confidentiality of your login credentials;
  • Use a secure password;
  • Restrict unauthorized access to your account; and
  • Notify us promptly if you suspect unauthorized access or misuse.

You are responsible for activities performed through your account unless those activities result directly from a failure attributable to PQCommerce.

If multiple team members or employees use your PQCommerce account, you are responsible for ensuring that they are authorized to do so and comply with these Terms.

2. Access to the Services

Subject to these Terms and payment of applicable fees, PQCommerce grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services for legitimate business purposes.

You may use PQCommerce to manage your own business operations and, where supported, the operations of businesses you are authorized to manage.

Your access may be subject to:

  • Subscription plan limits;
  • Number of users;
  • Order volume;
  • Storage limits;
  • Integration limits;
  • Feature availability; and
  • Other usage limits displayed within the platform or pricing plan.

We may modify these limits as our plans and Services evolve.

3. Acceptable Use

You agree not to misuse PQCommerce.

You must not:

  1. Use the Services for illegal, fraudulent, deceptive, or abusive activities;
  2. Attempt to gain unauthorized access to another user's account, systems, or data;
  3. Interfere with or disrupt the performance or security of the Services;
  4. Introduce malware, viruses, malicious scripts, or harmful code;
  5. Attempt to bypass security, authentication, subscription, or usage restrictions;
  6. Reverse engineer, decompile, disassemble, or attempt to derive the source code of proprietary portions of PQCommerce except where such restriction is prohibited by law;
  7. Copy, resell, sublicense, rent, lease, or commercially redistribute PQCommerce except with our written permission;
  8. Use automated tools in a manner that places unreasonable load on our infrastructure;
  9. Use PQCommerce to infringe intellectual property, privacy, publicity, or other legal rights;
  10. Store, distribute, or transmit unlawful, defamatory, abusive, or prohibited content;
  11. Use the platform to send spam or unauthorized marketing communications;
  12. Submit information that you do not have authority to collect, process, or use; or
  13. Use PQCommerce in a way that violates applicable laws or third-party platform policies.

We may investigate suspected misuse and may restrict or suspend accounts where reasonably necessary to protect the platform, our users, or third parties.

4. Merchant Responsibilities

PQCommerce provides software tools for managing ecommerce operations. You remain responsible for your own business.

This includes responsibility for:

  • Products you sell;
  • Product descriptions and pricing;
  • Product quality and authenticity;
  • Inventory accuracy;
  • Orders and order fulfillment;
  • Shipping and delivery commitments;
  • Returns and refunds;
  • Customer service;
  • Taxes and business registrations;
  • Compliance with consumer protection laws;
  • Marketing claims;
  • Customer communications; and
  • Any legal obligations relating to your business.

PQCommerce is not the seller of products offered by merchants using the platform unless explicitly stated otherwise.

Any transaction between a merchant and its customer is generally between those parties.

5. Customer Data

You retain ownership of the business and customer data that you upload, submit, generate, or process through PQCommerce ("Customer Data").

You grant PQCommerce a limited, non-exclusive right to host, store, process, transmit, display, and otherwise use Customer Data only as reasonably necessary to:

  • Provide the Services;
  • Maintain integrations;
  • Process orders;
  • Generate analytics and reports;
  • Provide support;
  • Maintain security;
  • Prevent fraud or abuse; and
  • Comply with applicable legal requirements.

You are responsible for ensuring that you have the appropriate authority, consent, or other lawful basis to collect and process Customer Data.

This is particularly important where Customer Data contains personal information relating to your customers.

Our handling of personal information is further explained in our Privacy Policy.

6. Third-Party Integrations

PQCommerce may integrate with third-party services, including:

  • Facebook;
  • Instagram;
  • WhatsApp;
  • Meta advertising services;
  • Shopify;
  • WooCommerce;
  • Courier and logistics providers;
  • Payment gateways;
  • Analytics providers;
  • Communication platforms; and
  • Other third-party services.

Your use of these integrations may also be subject to the terms and policies of the respective third-party provider.

By enabling an integration, you authorize PQCommerce to exchange information with that provider as necessary for the integration to function.

We do not control third-party platforms and cannot guarantee that:

  • They will remain available;
  • Their APIs will remain unchanged;
  • They will continue supporting particular features;
  • They will operate without interruption; or
  • They will approve or maintain your account.

If a third-party provider modifies, restricts, suspends, or terminates its services, certain PQCommerce features may become unavailable.

PQCommerce is not responsible for losses caused solely by the independent actions, outages, policy changes, or failures of third-party providers.

7. Meta and Social Media Services

Where you connect Facebook, Instagram, WhatsApp, Meta Ads, Pixel, Conversions API, product catalogs, or other Meta services, you authorize PQCommerce to access and process information permitted by the permissions granted through Meta.

You remain responsible for ensuring that your advertising, messaging, customer tracking, and use of Meta services comply with Meta's applicable policies and applicable law.

PQCommerce does not guarantee:

  • Advertising performance;
  • Campaign results;
  • Reach;
  • Sales;
  • Conversion rates;
  • Account approval; or
  • Continued access to Meta services.

Meta may independently restrict, suspend, or disable accounts, advertising assets, pages, pixels, catalogs, or API permissions.

8. Courier and Shipping Integrations

PQCommerce may allow merchants to create shipments, request deliveries, track parcels, print labels, or otherwise interact with courier companies.

Courier services are provided by independent third parties.

PQCommerce does not physically transport or deliver goods unless explicitly stated otherwise.

Delivery times, lost shipments, damaged parcels, cash-on-delivery settlement, return handling, and courier charges may be subject to the courier provider's own terms.

We may display information received from courier APIs, but we cannot guarantee that third-party tracking or delivery information will always be accurate or current.

9. Subscription Plans

PQCommerce may offer:

  • Free plans;
  • Paid subscription plans;
  • Trials;
  • Promotional plans;
  • Custom or enterprise plans; or
  • Usage-based services.

Features and limits vary by plan.

Current plan details, pricing, usage limits, and included features will generally be displayed on our website, dashboard, quotation, order form, or other applicable agreement.

We may introduce, remove, modify, or reorganize plans and features from time to time.

Where a change materially affects an active paid subscription, we will provide reasonable notice where appropriate.

10. Free Plans, Trials, and Beta Features

PQCommerce may offer certain Services without charge or as part of a trial or beta program.

Free, trial, preview, experimental, or beta Services may:

  • Have limited functionality;
  • Be changed at any time;
  • Be discontinued;
  • Contain errors;
  • Have reduced support; or
  • Be subject to additional limitations.

We do not guarantee that data, configurations, or features available during a trial or beta will remain available after the trial or beta ends.

Where possible, users should export important information before ending use of a trial service.

11. Payments and Billing

If you purchase a paid PQCommerce plan, you agree to pay all applicable fees shown at the time of purchase or agreed separately with us.

Depending on the plan, fees may be charged:

  • Monthly;
  • Annually;
  • Based on usage; or
  • According to a custom commercial agreement.

You are responsible for providing accurate billing information and maintaining a valid payment method where required.

Failure to pay applicable charges may result in:

  • Restriction of paid features;
  • Downgrading of your account;
  • Suspension; or
  • Termination of Services.

Any applicable taxes, duties, VAT, or government charges may be added where required by law.

12. Refunds

Subscription fees are generally non-refundable once the relevant subscription period has started, except where:

  • Required by applicable law;
  • PQCommerce expressly agrees otherwise;
  • A specific refund policy applies; or
  • A separate written agreement provides different terms.

We may consider exceptional refund requests at our discretion.

If PQCommerce terminates a paid service without cause and without providing the remaining paid service, we may provide an appropriate prorated refund where applicable.

13. Automatic Renewal

Where automatic renewal is enabled, your subscription may renew automatically at the end of each billing period unless cancelled before the renewal date.

Applicable renewal pricing will be based on your current plan or any updated pricing communicated to you.

You may cancel future renewal through the available account controls or by contacting us where self-service cancellation is unavailable.

Cancellation normally prevents future renewal and does not automatically refund the current billing period.

14. Intellectual Property

PQCommerce and its licensors retain all rights, title, and interest in the PQCommerce platform, including:

  • Software;
  • Source code;
  • User interface;
  • Design;
  • Branding;
  • Logos;
  • Documentation;
  • Databases;
  • Platform architecture;
  • Proprietary algorithms; and
  • Other intellectual property.

Except for the limited right to use the Services granted under these Terms, no ownership rights are transferred to you.

You retain ownership of your own trademarks, logos, product information, business content, and Customer Data.

15. Feedback and Suggestions

If you voluntarily provide suggestions, ideas, feedback, or recommendations about PQCommerce, you authorize us to use that feedback to improve or develop our Services without an obligation to compensate you.

We will not treat ordinary product feedback as confidential unless we expressly agree otherwise.

16. Confidentiality

During the course of using PQCommerce, either party may receive non-public information belonging to the other.

Each party agrees to take reasonable steps to protect confidential information and use it only for purposes related to providing or using the Services.

Information will not be considered confidential where it:

  • Is already publicly available;
  • Becomes public without breach of these Terms;
  • Was lawfully known before disclosure;
  • Is lawfully received from another source; or
  • Is independently developed without use of the confidential information.

Information may also be disclosed where required by applicable law or valid legal process.

17. Availability and Changes to the Service

We aim to provide reliable Services, but we do not guarantee uninterrupted or error-free availability.

PQCommerce may occasionally experience:

  • Maintenance;
  • Software updates;
  • Infrastructure outages;
  • Third-party service failures;
  • Network issues;
  • Security incidents; or
  • Other technical problems.

We may update, modify, replace, or discontinue features where reasonably necessary to improve, maintain, secure, or develop the platform.

Where feasible, we will try to minimize disruption to users.

18. Support

PQCommerce may provide technical or customer support through channels such as:

  • Email;
  • WhatsApp;
  • In-platform support;
  • Messaging; or
  • Other support channels announced by us.

Support availability and response times may vary based on the user's subscription plan and the nature of the request.

We do not guarantee that every support request will be resolved immediately.

19. Security

We take reasonable technical and organizational measures designed to protect PQCommerce and information processed through the Services.

You are also responsible for maintaining appropriate security practices.

You should:

  • Protect your passwords;
  • Restrict employee access;
  • Remove access for former employees;
  • Use secure devices;
  • Review account permissions; and
  • Notify us if you identify suspicious activity.

We may temporarily restrict access where we reasonably believe an account has been compromised or poses a security risk.

20. Suspension

We may temporarily suspend or restrict your account where reasonably necessary because of:

  • Non-payment;
  • Suspected fraud;
  • Security threats;
  • Unusual abusive usage;
  • Violation of these Terms;
  • Illegal activity;
  • Third-party platform requirements;
  • Risk to other users or the Services; or
  • Legal or regulatory requirements.

Where reasonably possible and appropriate, we will attempt to notify you about the suspension.

We may restore access when the underlying issue has been resolved.

21. Termination

You may stop using PQCommerce at any time.

Where available, you may cancel your subscription through your account settings or by contacting us.

We may terminate or permanently disable an account where:

  • There is a serious or repeated violation of these Terms;
  • The account is used for unlawful or fraudulent activity;
  • Required payments remain unpaid;
  • Continued operation presents a material security or legal risk; or
  • We are required to do so by law.

Upon termination, your right to use the Services ends.

Certain provisions of these Terms, including provisions relating to intellectual property, outstanding payment obligations, limitations of liability, confidentiality, and dispute matters, may survive termination.

22. Data After Termination

Following termination or cancellation, access to Customer Data may become unavailable.

Where technically available, we may provide users with a limited period to export certain information before deletion.

We may retain information where necessary for:

  • Legal obligations;
  • Tax or accounting records;
  • Fraud prevention;
  • Security;
  • Dispute resolution;
  • Backup procedures; or
  • Enforcement of agreements.

Data retention is also governed by our Privacy Policy.

23. Disclaimer of Warranties

To the maximum extent permitted by applicable law, PQCommerce is provided on an "as is" and "as available" basis.

While we aim to provide reliable and useful Services, we do not guarantee that:

  • The Services will always be uninterrupted;
  • Every feature will always be available;
  • All software will be error-free;
  • All third-party information will be accurate;
  • The Services will meet every specific business requirement;
  • Use of PQCommerce will increase sales, revenue, or profitability; or
  • Third-party integrations will remain continuously available.

You remain responsible for business decisions made using information provided through the platform.

24. Limitation of Liability

To the maximum extent permitted by applicable law, PQCommerce will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use or inability to use the Services.

This may include loss of:

  • Profits;
  • Revenue;
  • Business opportunities;
  • Data;
  • Customers;
  • Goodwill; or
  • Expected savings.

PQCommerce will also not be responsible for losses arising solely from:

  • Merchant errors;
  • Customer fraud;
  • Courier failures;
  • Payment provider failures;
  • Meta or other social platform restrictions;
  • Third-party API outages;
  • Internet or telecommunications failures; or
  • Unauthorized access caused by a user's failure to secure their credentials.

Where liability cannot legally be excluded, our liability will be limited to the maximum extent permitted by applicable law.

25. Indemnification

To the extent permitted by applicable law, you agree to be responsible for claims, damages, losses, or reasonable costs arising from:

  • Your unlawful use of PQCommerce;
  • Products you sell;
  • Your dealings with customers;
  • Your breach of these Terms;
  • Your infringement of third-party rights;
  • Customer Data you collect or submit without lawful authority; or
  • Violations of applicable law caused by your business activities.

This provision does not require you to indemnify PQCommerce for losses caused by PQCommerce's own unlawful conduct where such limitation would not be permitted by law.

26. Privacy

Our collection and processing of personal information is governed by the PQCommerce Privacy Policy.

By using the Services, you acknowledge that information will be handled as described in that Privacy Policy.

27. Changes to These Terms

We may update these Terms from time to time to reflect:

  • Changes to our Services;
  • New features;
  • Business changes;
  • Legal or regulatory requirements;
  • Security requirements; or
  • Changes to third-party integrations.

When we update these Terms, we will revise the "Last updated" date.

Where changes are material, we may provide additional notice through our website, dashboard, email, or another reasonable method.

Continued use of PQCommerce after updated Terms become effective constitutes acceptance of those Terms where permitted by law.

28. Governing Law

These Terms will be governed by and interpreted in accordance with the applicable laws of Bangladesh, without regard to conflict-of-law principles.

Any dispute relating to these Terms or the Services will be handled by the courts or other competent authorities having jurisdiction in Bangladesh, unless another process is required by applicable law or agreed separately in writing.

29. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to remain in effect.

The invalid provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally permitted.

30. Entire Agreement

These Terms, together with the Privacy Policy, applicable subscription terms, order forms, and any separate written agreement between you and PQCommerce, constitute the agreement governing your use of the Services.

Where a separately signed agreement expressly conflicts with these Terms, the separately signed agreement will take priority for the matters covered by that agreement.

31. Contact Us

If you have questions regarding these Terms and Conditions, you may contact PQCommerce through the contact information published on our official website.

For account-specific, billing, legal, or data-related questions, please provide sufficient information for us to identify your account and assist with your request.