Terms of Service

1. Agreement to Terms

Welcome to Custom Fees. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Custom Fees ("we," "us," "our," or "Company") governing your access to and use of the Custom Fees application and all related services (collectively, the "Service").

By installing, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not install, access, or use the Service.

If you are using the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" will refer to that entity.

2. Description of Service

Custom Fees is a Wix application that enables merchants to create and apply conditional fees to customer orders in their Wix stores. The Service allows you to:

• Create fee rules based on various conditions (cart contents, shipping destination, order value, etc.)
• Apply fees automatically to qualifying orders
• Track and analyze fee collection through a dashboard

The Service is provided through the Wix App Market and operates as an integrated component of the Wix e-commerce platform. Your use of the Service is also subject to Wix's Terms of Use and any other applicable Wix policies.

3. Account and Registration

To use our Service, you must have a valid Wix account and an active Wix store. You are responsible for maintaining the security and confidentiality of your Wix account credentials. You agree to:

• Provide accurate and complete information when setting up and using the Service
• Maintain and promptly update your information as needed
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use of your account

4. Fee Rules and Merchant Responsibility

You are solely responsible for the fee rules you create and the fees you charge to your customers. This includes, but is not limited to:

• Ensuring your fees comply with all applicable laws, regulations, and payment processor terms in your jurisdiction and the jurisdictions where you sell
• Verifying that your fee configurations are accurate and appropriate for your business
• Clearly disclosing fees to your customers as required by law
• Ensuring your fees do not violate consumer protection laws, credit card network rules, or platform policies
• Handling any customer disputes, chargebacks, or complaints related to fees you collect

We provide tools to help you create fee rules, but we do not provide legal, tax, or compliance advice. You should consult with appropriate professionals to ensure your fee practices are lawful and appropriate for your business.

5. Pricing and Payment

Our current pricing structure is based on a revenue-share model where you pay a percentage of the fees you collect through our Service. A portion of fees collected each month may be free, with tiered rates applying thereafter. Current pricing details, including any free tier thresholds and applicable rates for your currency, are available on our website and within the application.

We reserve the right to modify our pricing at any time. We will provide reasonable notice of any pricing changes through the Service or via email. Your continued use of the Service after such notice constitutes your acceptance of the new pricing.

You authorize us to charge your designated payment method for any amounts owed. If payment fails, we may suspend or terminate your access to the Service until payment is received.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to collect fees that are illegal, deceptive, fraudulent, or misleading
• Use the Service in any way that violates applicable laws or regulations
• Attempt to interfere with, compromise, or disrupt the Service or its underlying systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers, etc.) to access the Service without our express permission
• Resell, sublicense, or otherwise commercially exploit the Service without our authorization
• Use the Service in any manner that could damage, disable, or impair the Service

7. Service Availability and Modifications

We strive to provide reliable service, but we do not guarantee that the Service will be available at all times or without interruption. The Service may be temporarily unavailable due to:

• Scheduled or unscheduled maintenance
• Updates, upgrades, or modifications to the Service
• Technical issues, server failures, or network problems
• Third-party service interruptions (including Wix platform issues)
• Force majeure events or circumstances beyond our reasonable control

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also add, remove, or modify features, functionality, or integrations at our sole discretion.

10. Indemnification

You agree to indemnify, defend, and hold harmless Custom Fees and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• The fees you charge to your customers
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any content or data you submit to or through the Service
• Any disputes with your customers
• Any claims that your fee practices are unlawful, deceptive, or improper

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

11. Intellectual Property

The Service and all content, features, and functionality (including but not limited to software, code, designs, text, graphics, logos, and trademarks) are owned by Custom Fees or our licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works based on the Service
• Reverse engineer or attempt to extract the source code of the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use our trademarks, logos, or branding without our prior written consent

12. Termination

You may terminate your use of the Service at any time by uninstalling the application from your Wix store.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of fees owed to us
• Suspected fraudulent, illegal, or abusive activity
• At the request of law enforcement or other government agencies
• Discontinuation or material modification of the Service
• Technical or security issues

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute through good-faith negotiations.

13.2 Arbitration Agreement

If we cannot resolve a dispute informally, you and Custom Fees agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in court for matters related to intellectual property or unauthorized access to the Service.

13.3 Class Action Waiver

YOU AND CUSTOM FEES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Custom Fees agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

13.4 Arbitration Rules

The arbitration shall be administered by a mutually agreed-upon arbitration provider and conducted in accordance with its rules. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Custom Fees regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Custom Fees.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

15.5 Notices

We may provide notices to you through the Service, via email to the address associated with your Wix account, or by other reasonable means. You may provide notices to us at [email protected].

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, power outages, internet disruptions, or actions by third-party service providers.

15.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

15.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, for material changes, we may provide additional notice through the Service or via email.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

17. Contact Information

If you have any questions about these Terms or the Service, please contact us at:

Email: [email protected]