Last updated: 22 September 2021

Welcome to Nevuto! By creating a Nevuto Account (as defined in Section 1) or utilizing any Nevuto Services (as defined below), you signify your consent to be governed by the subsequent terms and conditions (the "Terms of Service").

In the context of these Terms of Service, the terms "we," "us," "our," and "Nevuto" refer to the appropriate Nevuto Contracting Party and "you" pertains to the Nevuto User (if registering for or utilizing a Nevuto Service as an individual) or the business employing the Nevuto User (if registering for or utilizing a Nevuto Service as a business) and any affiliated entities.

Nevuto is an ecommerce platform headquartered in Albuquerque, New Mexico, United States. Our platform offers a comprehensive commerce solution, empowering Online Sellers to streamline and enhance their online business operations. Nevuto provides a wide array of tools that enable Online Sellers to establish and customize online stores, sell products through various digital channels such as web, mobile, social media, online marketplaces, and other digital platforms (collectively referred to as "Online Services"). Our platform also facilitates various aspects of business management, including inventory, payments, fulfillment, shipping, marketing, advertising, and interactions with both existing and potential customers.

The services offered by Nevuto, including the Online Services, are collectively referred to as the "Service(s)" in these Terms of Service. Any new features or tools integrated into the existing Services will also be governed by the terms outlined in these Terms of Service.

Before you create a Nevuto Account or utilize any Nevuto Service, you must carefully read, consent to, and agree to all the terms and conditions contained within these Terms of Service and Privacy Policy.

It's essential to read the comprehensive Terms of Service, including any documents referenced within, to fully comprehend your legal obligations. By engaging with Nevuto or any of its services, you express your agreement to these terms. We recommend checking back periodically for updates.

Last Updated: [September 6, 2023]

1. Account Terms

1. To access and utilize the services provided by Nevuto, you must create a Nevuto account ("Account"). In order to complete your Account registration, you are required to furnish us with accurate and complete information, including your full legal name, business address, phone number, a valid email address, and any other details indicated as necessary. Nevuto reserves the right to reject your Account application or terminate an existing Account at its sole discretion, for any reason.

2.     To open an Account, you must be either: (i) at least 18 years old, or (ii) the age of majority in your jurisdiction of residence.

3.     You confirm that your usage of Nevuto's Services is for business purposes and not for personal, household, or family use.

4.     By registering for an Account, you acknowledge that the email address you provide during the Account creation process, or any subsequent updates, will serve as the primary method of communication between you and Nevuto ("Email Address"). You must ensure that your Email Address is functional and capable of sending and receiving messages. It is your responsibility to monitor communications from Nevuto via your Email Address.

5.     Safeguarding your password is your responsibility. Nevuto cannot be held liable for any loss or damage resulting from your failure to maintain the security of your Account and password. Additional security measures might be requested by Nevuto at any time, and Nevuto reserves the right to adjust these requirements at its discretion.

6.     Technical support related to Nevuto's Services is exclusively available to registered users. For queries concerning the Terms of Service, please direct your inquiries to Nevuto Support.

7.     By accessing and using Nevuto's Services, you agree not to reproduce, duplicate, sell, resell, copy, or exploit any part of the platform, Services, or access without prior written consent from Nevuto.

8.     You agree not to attempt to circumvent any technical limitations of Nevuto's Services, including but not limited to processing transactions outside of Nevuto's checkout, enabling disabled features, or reverse engineering the platform.

9.     Automated access to Nevuto's Services, including through robots, spiders, scrapers, or other similar means, is prohibited.

10.  You acknowledge that your materials may be transmitted in an unencrypted manner and might undergo changes to adapt to technical requirements during transmission. "Materials" refer to your trademarks, copyrighted content, products or services offered on the platform (including descriptions and prices), photos, images, videos, written content, audio files, code, information, or other data provided by you to Nevuto.

2. Account Activation

2.1 Store Owner

1.     The person who initiates the registration process to access the Nevuto Service and opens an Account will become the primary contracting party ("Store Owner") under the framework of our Terms of Service. This Store Owner is also authorized to utilize any related Account provided by Nevuto in connection with the Service. To ensure clarity, the Store Owner's name (including the legal name of the company if applicable) must be prominently displayed on the Store's website.

2.     If you're registering for the Services on behalf of your employer, your employer assumes the role of the Store Owner. In such cases, you must use an email address issued by your employer and affirm that you possess the authority to bind your employer to our Terms of Service.

3.     Each Nevuto Store can be linked to a single Store Owner. However, a Store Owner can oversee multiple Nevuto Stores. It’s important to note that you agree to use Nevuto Checkout for your store. In this context, "Store" refers to the online store, hosted by Nevuto, or any physical retail location(s) linked to the Account.

2.2 Staff Accounts

1.     According to your Nevuto pricing plan, you have the capacity to create one or more staff accounts ("Staff Accounts") that grant access to other individuals within the Account. These Staff Accounts require complete legal names and valid email addresses. Through Staff Accounts, the Store Owner can regulate permissions and authorize others to operate within their Account while dictating their access level to specific business information (for instance, restricting access to customer data or preventing changes to general store settings).

2.     The Store Owner assumes responsibility for: (a) ensuring that their employees, agents, and subcontractors, including those using Staff Accounts, adhere to these Terms of Service; and (b) any violations of these Terms of Service by the Store Owner's employees, agents, or subcontractors. The Store Owner acknowledges and agrees to their responsibility for fulfilling all obligations stipulated in the Agreement, regardless of whether any such obligations are subcontracted to third parties, including but not limited to any affiliates or subsidiaries of the Store Owner.

3.     Both the Store Owner and users operating under Staff Accounts are collectively referred to as "Nevuto Users."

2.3 Nevuto Checkout

1.     Upon successful completion of Service registration, Nevuto will generate a Nevuto Checkout account using your Email Address.

2.     It is recognized that Cash on Delivery will serve as your default payment method. As the Store Owner, it is your sole responsibility to deactivate either payment method or gateway.

3. Nevuto Rights

1.     The Nevuto Services encompass a spectrum of features and functionalities. It's important to note that not all Services or features will be universally accessible to all Store Owners, and we are not obligated to provide specific Services or features in any jurisdiction. With the exception of situations prohibited by these Terms of Service or applicable law, we retain the authority to alter the Services or any segment thereof for any reason, at any time, and without prior notice.

2.     Any form of verbal or written abuse, including threats of abuse or retaliation, directed toward any Nevuto employee, member, or officer will result in immediate termination of your Account.

3.     We maintain the prerogative to provide our Services to businesses in competition with yours and offer no assurances of exclusivity. You also recognize and consent that Nevuto employees and contractors may concurrently be Nevuto customers or Online Sellers, and they may engage in competitive activities. However, they are not permitted to use your Confidential Information (as defined in Section 6) for such purposes.

4.     In the event of a dispute concerning the ownership of an Account, we hold the right to request documentation for the purpose of verifying or confirming Account ownership. Such documentation might encompass various forms, such as a scanned copy of your business license, a government-issued photo ID, the last four digits of the credit card on record, or verification of your status as an employee of an entity.

5.     Nevuto reserves the right, based on our sole discretion, to ascertain rightful Account ownership and transfer an Account to the lawful Store Owner. If it proves challenging to reasonably identify the lawful Store Owner, and without prejudice to our other rights and remedies, Nevuto reserves the right to temporarily suspend or deactivate an Account until a resolution is reached between the parties engaged in the dispute.

4. Your Responsibilities

1.     It is acknowledged and agreed upon that you will provide readily accessible contact information, a clear refund policy, and defined order fulfillment schedules on your Nevuto Store.

2.     You understand and agree that the Services do not constitute a marketplace, and any sales agreement formed via the Services is a direct interaction between you and the customer. You bear the status of the seller for all items sold through the Services. You are held accountable for establishing and managing your Nevuto Store, your Materials, the products and services offered via the Services, and all elements of the transactions involving you and your customer(s). This encompassing responsibility includes, but is not restricted to, authorizing customer charges for their purchases, handling refunds, managing returns, facilitating sales or customer support, addressing fraudulent activities, providing necessary legal disclosures, conforming to regulations, addressing alleged or proven violations of relevant laws (including consumer protection laws in any jurisdiction where you market products or services), and compliance with these Terms of Service. You affirm that you have the appropriate legal rights to administer and distribute all content and Materials you display through your Nevuto Store and to meet the requirements and obligations stipulated in these Terms of Service. You further agree to avoid any behavior or conduct that might damage Nevuto's reputation or impair the usability and effectiveness of the Services.

5. Customer Information

1.     You are obligated to adhere to all pertinent privacy and data security laws and regulations. You agree to maintain the privacy and security of all customer information you collect through the Services, and you acknowledge that you are fully accountable for all such data and information. This accountability extends to any data processed or used in the context of the Services, and any transmissions or communication related to the Services.

2.     You accept the responsibility of notifying your customers about how their personal data is collected, used, and shared as outlined in your privacy policy. You must provide your customers with ample transparency regarding their rights, and you must obtain any necessary consents or permissions, as required by applicable law, for the collection, use, and sharing of their personal data.

3.     In the event of a data breach or unauthorized access, you must promptly notify Nevuto and any affected customers as required by law. You also agree to cooperate fully with Nevuto in investigating and remediating any such incidents.

6. Proprietary Rights

1.     Nevuto retains ownership of all intellectual property rights in and to the Services and all components thereof, including but not limited to software, technology, databases, designs, text, graphics, icons, images, audio, and video files. Your use of the Services grants you no rights or licenses to Nevuto's intellectual property except as expressly stated in these Terms of Service.

2.     You retain ownership of all intellectual property rights in and to your Materials. By submitting, posting, or displaying your Materials through the Services, you grant Nevuto a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, adapt, modify, distribute, and display your Materials solely for the purpose of providing the Services to you.

7. Payment of Fees

1.     The Nevuto Services are accessible under various pricing plans. By selecting a pricing plan and providing Nevuto with your payment information, you agree to pay all applicable fees and charges associated with the selected plan and the Services provided by Nevuto. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you are responsible for the payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

8. Limitation of Liability

1.     Nevuto and its officers, directors, employees, agents, affiliates, and licensors shall not be liable to you 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 (even if Nevuto has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services.

9. Indemnification

1.     You agree to indemnify and hold Nevuto and its officers, directors, employees, agents, affiliates, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

10. Termination

1.     Nevuto, in its sole discretion, may terminate your Account and access to the Services, or any portion thereof, at any time and for any reason. Upon termination of your Account, your right to use the Services will immediately cease. If your Account is terminated, Nevuto has no obligation to retain or provide you with access to any data or information associated with your Account except as required by applicable law.

11. Governing Law and Jurisdiction

1.     These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

2.     You agree that any legal action or proceeding between Nevuto and you for any purpose concerning these Terms of Service or the obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Delaware, County of New Castle, and you hereby consent to the personal jurisdiction and venue of such courts.

12. Changes to Terms of Service

1.     Nevuto reserves the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

13. Contact Information

1.     Questions about the Terms of Service should be sent to us at support@nevuto.com.

14. General Provisions

1.     The failure of Nevuto to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

2.     If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

These Terms of Service constitute the entire agreement between you and Nevuto regarding the use of the Services and supersede any prior agreements between you and Nevuto relating to the Services.