Terms of service

Welcome to BCpixo! Before using our software, please carefully read and understand the following Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Clip Magic ("we," "us," "our," or "Clip Magic"), governing your access and use of our software, applications, websites, and any related services (collectively referred to as the "Software"). By accessing or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Software.

These Terms are written in English to minimise the risk of errors in translation.

License and Use of Software:

Subject to the terms and conditions of this Agreement, Clip Magic grants User a commercial, exclusive, non-transferable, and revocable license to download, install, and use the App on the BigCommerce SaaS platform for the purpose of conducting commercial activities.

Restrictions

1. User shall not, and shall not permit any third party to:
   • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
   • Modify, adapt, translate, or create derivative works based on the App.
   • Remove, alter, or obscure any copyright, trademark, or other proprietary notices within the App.
   • Use the App for any unlawful or unauthorized commercial purpose.
   • Distribute, sublicense, lease, lend, sell, or otherwise exploit the App without proper authorization.
2. User acknowledges that unauthorized use of the App for commercial purposes may result in termination of this license and legal action.

Ownership

1. The App is licensed, not sold, to User for commercial use. Clip Magic retains all right, title, and interest in and to the App, including all intellectual property rights.
2. User agrees that Clip Magic may collect and use data generated by the App, including usage patterns and analytics, to improve the App and enhance User experience.

Updates and Support

Clip Magic may provide updates, upgrades, or enhancements to the App, at its discretion. User acknowledges that Clip Magic is not obligated to provide any maintenance or support services for the App.

Termination

This commercial license is effective until terminated. User may terminate this license by discontinuing use of the App and uninstalling it. Company reserves the right to terminate this license at any time for violation of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between User and Clip Magic regarding the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements.

By downloading, installing, or using the App for commercial purposes, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to these terms, User must not use the App.

User Accounts:

• In order to access certain features of the Software, you may be required to create a user account. You are solely responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account.
• You agree to provide accurate, up-to-date, and complete information during the registration process and to update such information as necessary.
• Clip Magic reserves the right to suspend or terminate your account at its discretion, without prior notice, if you violate these Terms or engage in any activity that may harm the Software or its users.

Privacy and Data Protection:

• Your privacy is important to us. Please refer to our Privacy Policy to understand how we collect, use, and protect your personal information when you use the Software.

Intellectual Property:

• All intellectual property rights in the Software and its content, including but not limited to text, graphics, images, logos, and software code, are the property of Clip Magic or its licensors.
• You may not modify, reproduce, distribute, or create derivative works based on the Software without our explicit written consent.

Third-Party Services and Content:

• The Software may contain links to third-party websites, services, or content that are not owned or controlled by Clip Magic. We are not responsible for the content or practices of any third-party websites or services linked to or from the Software.
• Your interactions with third-party services are solely between you and the third party, and any terms, conditions, warranties, or representations associated with such interactions are solely between you and the third party.

Disclaimer of Warranties:

• The Software is provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Clip Magic does not warrant that the Software will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of Liability:

• Clip Magic and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use the Software or any content or services provided through the Software.
• Clip Magic is not liable for any loss or damage resulting from unauthorized access to or alteration of your transmissions or data.

Indemnification:

• You agree to indemnify, defend, and hold harmless Clip Magic and its officers, directors, employees, agents, and affiliates from and against any claims, losses, liabilities, expenses, damages, or demands, including reasonable attorneys' fees, arising out of or related to your use of the Software or violation of these Terms.

Changes to the Terms:

• Clip Magic reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Software.
• Your continued use of the Software after the posting of any changes constitutes acceptance of the updated Terms.

Governing Law and Jurisdiction:

• These Terms shall be governed by and construed in accordance with the laws of Australia. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Miscellaneous:

• These Terms constitute the entire agreement between you and Clip Magic regarding the Software and supersede any prior agreements.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Thank you for choosing BCpixo! If you have any questions or concerns regarding these Terms, please contact us.