TERMS OF SERVICE
By signing up for the VICIA LLC Recharge App recurring billing service (“Service”) or any of the services of VICIA LLC (“VICIA”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. VICIA reserves the right to update and change the Terms of Service by posting updates and changes to the VICIA website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the Terms of Service for the complete picture of your legal requirements. By using VICIA or any VICIA services, you are agreeing to these terms. Be sure to occasionally check back for updates.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
You acknowledge that VICIA will use the email address you provide as the primary method for communication.
You are responsible for keeping your Shopify password secure, which is your means of entering the Recharge App Service. VICIA cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content that is updated under your VICIA account (Store Content). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of VICIA will result in an immediate termination of your services.
Don’t use VICIA for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
Subject to section 2.2, the person signing up for the Service 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 Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, VICIA will collect your credit card and store it on a secure server on Stripe.
If you do not wish to continue using the Service, it is your responsibility to contact VICIA to cancel the Service.
Any domain you purchase through us will automatically renew unless you opt out.
Technical support is only provided to paying account holders and is only available via email.
You may not use the VICIA service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of California.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by VICIA.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use VICIA or VICIA trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to email@example.com.
You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The VICIA Service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any VICIA customer, VICIA employee, member, or officer will result in immediate account termination.
VICIA does not pre-screen Store Content and it is in their sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that VICIA employees and contractors may also be VICIA customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
VICIA retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, VICIA reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a VICIA account, we can freeze the account or transfer it to the rightful owner.
Limitation of Liability
You expressly understand and agree that VICIA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall VICIA or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, VICIA partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.
VICIA does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
VICIA does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
VICIA does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is as is so it may have errors or interruptions and we provide no warranties.
Waiver and Complete Agreement
The failure of VICIA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and VICIA and govern your use of the Service, superseding any prior agreements between you and VICIA (including, but not limited to, any prior versions of the Terms of Service).
If VICIA chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and VICIA don’t apply if they conflict with these terms.
Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the VICIA service. All material you upload remains yours. You can remove your VICIA store at any time by deleting your account. This will also remove all content you have stored on the Service.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow VICIA to display and store your Store Content; and (c) that VICIA can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Store Content that you upload to a VICIA store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
You retain ownership over all content that you submit to a VICIA store however, by making your store public, you agree to allow others to view your content.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
Payment of Fees
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
The service will be billed in 30 day intervals (including your base fee and percentage of goods fee). When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your VICIA administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
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).
If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of VICIAproducts and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of VICIAproducts and services, including without limitation, your subscription to or purchase of VICIAecommerce services, point-of-sale services, point-of-sale equipment, apps, Themes and domains (Taxable Offerings). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of VICIAproducts and services, you must provide us with a statement by email to firstname.lastname@example.org stating that:
- (i) you are not a resident of Canada or the U.S.;
- (ii) you are not GST/HST registered; and
- (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when VICIAproducts and services were made available to you.
The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of VICIAproducts and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to email@example.com.
VICIA does not provide refunds.
For live payment gateways, a valid credit card is required. You will be charged every 30 days your base fee and percentage fee. Tax is not included and will be billed to your credit card. No refunds.
Cancellation and Termination
You may cancel your account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in VICIAresponse.
Once cancellation is confirmed, all of your Store Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
If you purchased a domain name through VICIA, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the VICIA service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, VICIA may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com. VICIA will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted, and domains purchased through VICIA will no longer be automatically renewed. If you cancel in the middle of the month, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
Modifications to the Service and Prices
Prices for using VICIA are subject to change upon 30 days notice from VICIA. Such notice may be provided at any time by posting the changes to the VICIA Site (VICIA.com) or the administration menu of your VICIA store via an announcement.
VICIA reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
VICIA shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
Recharge is responsible for protecting the security of Card Data (defined as a cardholder’s account number, expiration date and CVV2) in that we do NOT receive or store card holder data. We only provide a checkout page which sends that data to your merchant processor directly. We then receive a token which represents the card data but does not contain the Primary Account Number. As the Card Data is not sent to our servers and not stored by our servers, you acknowledge that you provide this personal information regarding you and your customers at your own risk.
VICIA may provide you with access to third party tools over which VICIA neither monitors nor has any control or input.
You acknowledge and agree that VICIA provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. VICIA shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
VICIA strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
VICIA assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.
Make sure you provide in relevant email notifications the necessary subscription related disclosures for state and other authorities that require them.