Terms of Service

FULFILLOR: TERMS AND CONDITIONS

These Terms of Service govern your access and use of the FulFillor website located at https://fulfillor.com Please read this terms and conditions document carefully as it forms a legally binding agreement between you (“You”, “Your”) and FulFillor. By accepting this agreement, or accessing or using this website, you agree to be bound by these terms of service. If you do not agree with these terms, you must not use the Website.

1. GLOSSARY

1. Access Account means an account created for individuals authorized by you to access and use the Services on your behalf. Such individuals may include your employees, agents, independent contractors, or vendors.
2. Account Details means any information or detail that are considered essential for FulFillor to create a Merchant account, which may include, but are not limited to, name, email address, bank account details, physical address, and other relevant information.
3. Agreement refers to the Service Order Form or any other agreement entered into between you and FulFillor for accessing or using the Services available through the Platform. This includes these Terms of Service, whether considered individually or collectively, as applicable.
4. Authorized User means any person authorized by you to access or use the platform.
5. Customer Data includes all electronic data, content, messages, and other materials provided or collected through the use of your services, including personal data of your customers such as names, gender, contact information, shipping addresses, items purchased, prices, returns, complaints, invoices, and similar information.
6. Data means all information and documentation submitted by you in relation to the Services, including Account Information, Customer Data, and Transaction Data.
7. Documentation broadly refers to the Service Order Form, these Terms of Service, and any other reference materials made available through https://fulfillor.com/contact-us.
8. The Effective Date of this ToS will be valid and binding with effect from:
   • Creation of a merchant account.
   • Access to any service by you or any other person who is authorized by you.
   • The effective date of the Service Order Form.
9. Merchant Account means the registered account built for the purpose of using the services.
10. Services means FulFillor’s suite of products, materials, and services offered via the Platform, described and updated from time to time.
11. Platform refers to the FulFillor’s website and the mobile application.
12. Notice means any formal announcement or notification set electronically via the platform, email, or any other digital medium.
13. Subscription Term refers to the duration for which you are subscribed to the Services, as specified in the Service Order Form or any other written agreement with FulFillor.
14. Minimum Commitment Fee means the minimum fee you agree to pay as per the Service Order Form that may be presented between you and FulFillor.
15. FulFillor Policies refers to the policies of the companies that shall be published and updated from time to time.
16. Service Order Form is a document signed or otherwise accepted by both you and FulFillor that outlines any specific services or services offered by Fulfillor through its platform.

2. TERMS OF SERVICE

As further explained in the terms of service, the Customer acknowledges and agrees that:

• FulFillor may regularly update these Terms of Service, and such updates will be communicated through the Customer’s registered Account or other appropriate channels.
• FulFillor secures the right to revise or modify these Terms of Service at any time by posting the updated version on the FulFillor website; and
• Customers are encouraged to review the Terms of Service regularly to stay informed of any changes that may affect their use of the Services.
• Any amendments or updates to these Terms of Service will become effective thirty (30) days after being posted on the FulFillor website, unless otherwise specified.
• By continuing the use of the services following the 30 days described above, you constitute your acceptance and agreement to the revised Terms of Service.
• For Customers who began using or receiving Services before the adoption of these Terms of Service, the version of the terms in effect at the time their Account was created or, if no Account was created, at the time the Services began, will continue to apply. However, if such Customers request additional Services or changes to existing Services, the current Terms of Service will automatically apply and replace any prior versions.

3. GENERAL USE CONDITIONS

• Each Customer must read, understand, and agree to all terms and conditions mentioned in these Terms of Service contract, including Fulfillor’s Privacy Policy and, where applicable, the Data Protection Addendum, before creating an Account or using the Services. By accepting these Terms, the Customer confirms that all authorized Users associated with their Account also agree to and are bound by the same Terms, as updated from time to time.
• You agree to use Fulfillor Services only for lawful purposes and in compliance with all applicable laws, regulations, and rules in Your jurisdiction and Your customers’ jurisdictions..
• You may not copy, duplicate, sell, resell, or exploit any part of Fulfillor Services without prior written consent.
• Support is provided only to Customers paying and is available via email to the Account Owner.
• You may not imply any affiliation with FulFillor except as expressly approved in writing by an authorized FulFillor representative.
• You may not purchase keywords, domain names, or other pay-per-click keywords that use FulFillor or FulFillor trademarks or variations.
• For any questions about these terms and conditions, you can send your queries at https://fulfillor.com/contact-us.
• You acknowledge and agree that your use of the services, including storage and transmission of sensitive information, is governed by FulFillor's Privacy Policy.
• You are responsible for all data, content, and materials created, collected, generated, and stored via your Account.
• Violation of any of these terms and conditions, including the AUP (Acceptable User Policy), may result in immediate termination of your services.

4. ACCOUNT TERMS

• You must be at least 18 years old or the age of majority in your jurisdiction (whichever is higher) to create an account and use FulFillor’s Services.
• To access and use the Services, you are required to register a FulFillor Account (“Account”) by providing accurate and complete information, including your full legal name, valid email address, contact number, business address, and any other details requested during registration. FulFillor reserves the right to approve, reject, or terminate any Account at its sole discretion.
• The email address provided during registration will serve as the primary means of communication between you and FulFillor. It is your responsibility to ensure that this email address remains active and accessible.
• You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your password. FulFillor shall not be held liable for any loss, damage, or unauthorized access resulting from your failure to secure your Account.
• FulFillor strongly recommends enabling Multi-Factor Authentication (MFA) for all Users associated with your Account to enhance security and prevent unauthorized access.
• FulFillor must dedicate engineering or technical resources to resolve issues or damages caused by your failure to maintain adequate Account security (such as weak passwords or unauthorized access). We reserve the right to charge a service fee for such recovery or remediation work.

5. SUBSCRIPTION SERVICE

• Access
  You must be at least 18 years old or the age of majority in your jurisdiction (whichever is higher) to create an account and use FulFillor’s Services.
• Usage Limits
  Limits may apply to the number of units specified in your Order Form and the SaaS subscription agreement. If you exceed the allocated limits, additional fees may apply as specified in the Order Form or SaaS Subscription Agreement.
• Service Modifications
  Our Subscription Service and related features are updated regularly to improve performance, usability, and overall experience. Any such modifications will not materially reduce the core functionality of the Subscription Service during the Subscription Term. Some components of the Service may be delivered to you through trusted third-party providers.
• Additional Features and Add-ons
  You may upgrade or subscribe to additional features or modules of the Subscription Service and any other service by agreeing to a New Order form.

6. SUBSCRIPTION RENEWAL

Otherwise stated in the Subscription Agreement, this Agreement will automatically renew for every month (“Renewal Term”) unless either party provides written notice of non-renewal at least thirty (30) days before the current term expires. Each renewal will be on the current terms, conditions, and pricing listed in the applicable Order Form. You may send the notice of non-renewal to https://fulfillor.com/contact-us or as otherwise specified in the Agreement.

7. INTELLECTUAL PROPERTY RIGHTS

All information, text, images, graphics, videos, logos, icons, data, software, and other materials, including all FulFillor trademarks, service marks, and copyrights (collectively referred to as the “Content”) available on or through the Website are the property of FulFillor or its licensors.

Applicable intellectual property laws, including copyright, trademark, and other proprietary rights, protect the Content. You may not copy, reproduce, modify, distribute, display, publish, transmit, create derivative works from, or otherwise use any Content from the Website in any manner without the express prior written consent of FulFillor.

FulFillor completely reserves all rights, title, and interest in and to the Content. We fully own all rights to the content on this Website. Nothing on the Website permits you, either directly or indirectly, to use any content without FulFillor’s written approval.

8. PROHIBITED USES

You may use the FulFillor Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that:

• Violates any applicable local, state, national, or international law or regulation.
• Infringes upon or violates the rights of any third party, including but not limited to intellectual property, privacy, publicity, or contractual rights.
• Engages in any activity that is unlawful, fraudulent, deceptive, or otherwise prohibited under these Terms.
• Harms or exploits any person or entity, including by defaming, harassing, abusing, or intimidating others.
• Interferes with, disrupts, or compromises the security, functionality, or performance of the Website, its servers, or connected networks, or
• Uploads, posts, or transmits any content or material that violates any law, infringes on any third-party rights, or that FulFillor, in its sole discretion, deems to be defamatory, obscene, abusive, threatening, harassing, hateful, offensive, or otherwise objectionable.

FulFillor reserves the right, in its sole discretion, to investigate and take appropriate action, including content removal, account suspension, or termination for any violation of these prohibited uses.

9. THIRD PARTY WEBSITES

The FulFillor website may include links to other sites or resources. These links are provided solely for your convenience and are not under our control, and are not subject to Fulfillor’'s privacy policy. We encourage you to check the privacy policies of each of these to understand how they collect and use this information.

10. DATA PROTECTION AND PRIVACY

With respect to all personal data accessed, stored, and processed by you on or through the platform under this agreement, you are solely responsible for complying with all applicable data protection and privacy laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA) in connection with the collection, storage, use, and processing of such personal data.

11. Privacy Policy

Fulfillor is concerned about your privacy and has established a policy to address privacy concerns. For more details, please visit Fulfillor’s privacy policy page here. Any personal information collected on this site may be accessed or stored globally, and will be handled in accordance with Fulfillor’s Privacy Policy. By using our platform, you acknowledge and agree that we may collect, use, store, and process your data with third-party providers to improve and provide the services subject to Fulfillor's Privacy Policy.

12. Termination, Deferment, and Expiration

• Termination for Cause
  Either party may terminate this Agreement for cause: (i) by giving thirty (30) days’ written notice of a material breach, if the breach is not corrected within that period; or (ii) immediately, if the other party becomes subject to bankruptcy, insolvency, liquidation, or any similar proceeding for the benefit of creditors.
• Suspension for Prohibited Use : We may suspend Your access to the Services if You use them in a manner that violates applicable laws, regulations, or the terms of this Agreement.
• Suspension for Non-Payment
  If any Fees or amounts due remain unpaid, Fulfillor may suspend your access to the Services after providing ten (10) days’ notice. Services will remain active while a genuine, good-faith dispute over Fees is being resolved. Reactivation following a suspension may require payment of a reactivation fee.
• Effect of Termination or Expiration
  Upon termination or expiration, you must immediately stop using the Services and any Fulfillor content. Fulfillor will cease providing the Services, and you will lose access to Your Account. If you terminate for cause, any prepaid but unused Fees will be refunded for the remainder of the subscription period. If Fulfillor terminates for cause, you must pay all outstanding Fees due up to the end of the current Subscription Term. Fees are otherwise non-refundable. These provisions survive termination or expiration for three (3) years from the date of cancellation.
• Recovery of Customer Data
  If all Fees have been paid, you may request temporary access to retrieve Your Customer Data and materials in Fulfillor’s possession or control within thirty (30) days of termination or expiration. Fulfillor will provide copies of your data or temporary access for retrieval. Fulfillor may withhold data until any outstanding Fees are paid. After thirty (30) days, Fulfillor is not obligated to retain or provide Customer Data and may delete such data unless otherwise in our control.

13. FEES AND PAYMENTS

• Subscription Fees

  Your Subscription Fees remain fixed for the Subscription Term unless you exceed your allocated Maximum Units, upgrade your package, or add new features. Any fee adjustments will be informed and apply to you from the next Billing Period. FulFillor monitors the number of users in the Subscription service, and this information is available in your Account too.

• Fee Adjustments
  1. Next Billing Period: If you exceed your Maximum Units during a Billing Period, your Subscription Fee will be adjusted at the start of the next period to match the corresponding tier.
  2. During a Billing Period: Fees will increase if you upgrade your package, add features, or exceed your Maximum Units during the course of a billing period.
• Payment Methods
  1. Credit Card: You may pay via credit card, authorizing FulFillor to charge all Fees for the current and subsequent Billing Periods. Failed payments will trigger up to three retry attempts, after which Services may be suspended until payment is made. Re-activation may incur a fee.
  2. Invoice: If paying by invoice, amounts are due within 30 days of the invoice date unless otherwise specified in your Order Form.
  3. Other Methods: Payments via ACH, wire transfer, Stripe, or other accepted methods are due within 30 days of request, unless stated otherwise. FulFillor will continue charging the chosen method until all outstanding Fees are paid.
• Payment Information

  You are responsible for keeping your billing, contact, and payment information up to date. All payment obligations are non-cancelable, and Fees are generally non-refundable unless clearly stated. Fees are due in advance for the Subscription Term.

• Taxes

  All Fees exclude applicable taxes (e.g., sales tax, GST, VAT). You are responsible for any taxes arising from your use of FulFillor Services. If exempt, you must provide valid documentation. EU customers must provide VAT registration numbers. If required to deduct or withhold taxes, you must pay the additional amount so that FulFillor receives full payment.

14. FEES AND PAYMENTS

This agreement and your access and use of Fulfillor’s website, content, and services are governed by the US Federal Law or the Laws of the State of California. Any legal actions or proceedings arising from your access to or use of the platform or content must be brought exclusively to the state or federal courts located in San Francisco or Santa Clara County, California. By using the platform, you and Fulfillor agree to submit to the jurisdiction of and agree that venue is proper in for any such legal actions or proceedings.

15. FULFILLOR’S RIGHTS AND REMEDIES

• We reserve the right to alter, suspend, or terminate the Services (in accordance with these Terms of Service) at any time and for any reason, without prior notice.
• We reserve the right to refuse service to any individual or organization for any legally permissible reason at any time.
• We may, at our sole discretion and without obligation, remove Materials or suspend or terminate Accounts if we determine that your use of the Services or the Materials violates our Acceptable Use Policy (AUP) or these Terms of Service.
• Any form of verbal or written abuse, including threats, harassment, or retribution directed toward any individual associated with the Services, such as a FulFillor customer, employee, member, or officer, may result in immediate Account suspension or termination.
• FulFillor does not pre-screen Materials but reserves the right, at its sole discretion, to refuse or remove any Materials from the Services at any time.
• We reserve the right to provide Services to your competitors and do not guarantee exclusivity within any specific market, territory, or industry segment.
• FulFillor, including its current or former employees and contractors, may engage in business activities that compete with you, provided they do not use or disclose your Confidential Information.
• In the event of a dispute concerning Account ownership, we may request documentation to verify or confirm the rightful Account Owner. Such documentation may include, but is not limited to, a valid business license, government-issued photo identification, or the last four digits of the credit card on file.
• FulFillor retains the sole right to determine rightful Account ownership and may transfer Account access to the verified Account Owner. If ownership cannot be reasonably established, FulFillor reserves the right to temporarily disable the Account until the dispute is resolved between the involved parties.