This Terms of Service is effective upon acceptance for new users, and from May 19, 2018 for existing users.
By signing up for the EZtory services or any of the services of EZtory Inc. or its affiliates (“EZtory”)
you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services
offered by EZtory under the Terms of Service include various products and services to help you sell goods
and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any
such services offered by EZtory are referred to in these Terms of Services as the “Services”. Any new
features or tools which are added to the current Services shall be also subject to the Terms of Service.
You can review the current version of the Terms of Service at any time at
https://eZtory.com/legal/terms-of-service . EZtory reserves the right to update and change the Terms of Service by posting updates and changes
to the EZtory website. You are advised to check the Terms of Service from time to time for any updates
or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement,
EZtory’s Acceptable Use Policy (“AUP”) and
Everyday language summaries are provided for convenience only and are not legally binding. Please read the
“Terms of Service” for the complete picture of your legal requirements. By using EZtory or any EZtory
services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- 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.
- To access and use the Services, you must register for a EZtory account (“Account”) by providing your
full legal name, current address, phone number, a valid email address, and any other information
indicated as required. EZtory may reject your application for an Account, or cancel an existing Account,
for any reason, in our sole discretion.
- You acknowledge that EZtory will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. EZtory 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 such as photos, images, videos, graphics, written content,
audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed,
transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole
discretion of EZtory will result in an immediate termination of your services.
You are responsible for your Account and any Materials you upload to the EZtory Service. 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.
2. Account Activation
2.1 EZtory Account
- Subject to section 2.1.2, 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.
2.2 PayPal Express Checkout and EZtory Payments Accounts
- Upon completion of sign up for the Service, EZtory may create a PayPal Express Checkout account on
your behalf, using your email address. Depending on your location, EZtory may also create a EZtory
Payments account on your behalf.
- You acknowledge that PayPal Express Checkout and/or EZtory Payments will be your default payments
gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain
these accounts. If you do not wish to keep either of the payment accounts active, it is your
responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third
Party Service, as defined in Section 15 of these Terms of Service.
2.3 Apple Pay for Safari Account
- Upon completion of sign up for the Service, EZtory may create an Apple Pay for Safari (“Apple Pay”)
account on your behalf, using the URL(s) and business name associated with your Account. Depending
on your location, EZtory may activate your Apple Pay account on your behalf, otherwise you will
be required to activate your Apple Pay account within your Account admin. If you do not wish
to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance
of doubt, Apple Pay is a Third Party Service, as defined in Section 15 of these Terms of Service.
- If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their
device, customers may purchase goods and services from your store using Apple Pay.
- By using Apple Pay on your store, you are agreeing to be bound by the
Apple Pay Platform Web Merchant
Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform
Web Merchant Terms and Conditions, the amended and restated version will be posted here:
https://www.eZtory.com/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date
of posting. Your continued use of Apple Pay on your store after the amended Apple Pay
Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance
of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes
to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and
do not continue to use Apple Pay on your store.
2.4 Google Payment
- Upon completion of sign up for the Service, if you have been enrolled in EZtory Payments, EZtory
may also create a Google Payment account on your behalf. If you do not wish to keep your Google
Payment account active, it is your responsibility to deactivate it. For the avoidance of doubt,
Google Payment is a Third Party Service, as defined in Section 15 of these Terms of Service.
- If you use a Google Payment supported payment gateway and your customers have enabled Google Payment,
customers may purchase goods and services from your store using Google Payment.
- By using Google Payment on your store, you are agreeing to be bound by the
Google Payment API Terms of
Service, as they may be amended by Google from time to time. If Google amends the Google Payment API
Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos.
Such amendments to the Google Payment API Terms of Service are effective as of the date of
posting. Your continued use of Google Payment on your store after the amended Google Payment
API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended
Google Payment API Terms of Service. If you do not agree to any changes to the Google Payment
API Terms of Service, de-activate your Google Payment account and do not continue to use
Google Payment on your store.
2.5 Stripe Checkout and EZtory Payments Accounts
- Upon completion of sign up for the Service, EZtory may create a Stripe Checkout account on your behalf,
using your email address. Depending on your location, EZtory may also create an EZtory Payments
account on your behalf.
- You acknowledge that Stripe Checkout and/or EZtory Payments will be your default payments gateway(s)
and that it is your sole responsibility as the Account Owner to activate and maintain these accounts.
If you do not wish to keep either of the payment accounts active, it is your responsibility to
deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service,
as defined in Section 15 of these Terms of Service.
2.6 Domain Names
- Upon purchasing a domain name through EZtory, domain registration will be preset to automatically
renew each year so long as your EZtory Account remains active. You acknowledge that it is your
sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the EZtory Service is responsible for the account and is bound by these
Terms of Service. If you signup on behalf of your employer, your employer owns the account
and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for activating
and deactivating these accounts.
3. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service,
AUP and the
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province
of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of
laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts
of the Province of Ontario with respect to any dispute or claim arising out of or in connection with
the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods
will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that EZtory may amend these Terms of Service at any time by posting the relevant
amended and restated Terms of Service on EZtory’s website, available at
https://www.eZtory.com/legal/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued
use of the Services after the amended Terms of Service are posted to EZtory’s website constitutes
your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any
changes to the Terms of Service, do not continue to use the Service.
- You may not use the EZtory 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),
the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province
of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
- 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 EZtory.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain
names that use EZtory or EZtory trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to
- You understand that your Materials (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.
- You acknowledge and agree that your use of the Service, including information transmitted to or stored
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies
or conflicts between these English Terms of Service and EZtory’s Terms of Service available in another
language, the most current English version of the Terms of Service at
https://www.eZtory.com/legal/terms will prevail.
The EZtory service belongs to us. You are not allowed to rip it off or use it for any illegal or
If a dispute arises the issue will be dealt with in the Province of Ontario.
Your Materials may be transferred unencrypted and may be altered, but credit card information is
4. EZtory Rights
- 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 Materials and suspend or terminate Accounts if we determine
in our sole discretion that the goods or services offered via a store, or the Materials uploaded
or posted to a store, violate our
Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any EZtory customer,
EZtory employee, member, or officer will result in immediate Account termination.
- EZtory does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials
from 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 EZtory employees and contractors
may also be EZtory 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.
- EZtory 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,
EZtory reserves the right to temporarily disable an Account until resolution has been determined
between the disputing parties.
The EZtory service belongs to us. You are not allowed to rip it off or use it for any illegal or
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over an EZtory account, we can freeze the account or transfer
it to the rightful owner.
5. Limitation of Liability
- You expressly understand and agree that EZtory 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
- In no event shall EZtory 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 these Terms of Service (however
arising including negligence). You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, EZtory partners, officers, directors, agents, employees, and suppliers
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 it incorporates by
reference (including the AUP), 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.
- EZtory does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- EZtory does not warrant that the results that may be obtained from the use of the Service will be accurate
- EZtory does not warrant that the quality of any products, services, information, or other Materials purchased
or obtained by you through the Service will meet your expectations, or that any errors in the Service
will be corrected.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Eztory OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
- TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Eztory, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
- The parties are not responsible for any business loss of each other under no circumstances. Parties are not responsible for third party services like: hosting, payment processor, etc.
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.
6. Waiver and Complete Agreement
The failure of EZtory 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 and the documents it incorporates by reference
constitute the entire agreement between you and EZtory and govern your use of the Service, superseding
any prior agreements between you and EZtory (including, but not limited to, any prior versions of the
Terms of Service).
If EZtory 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 EZtory don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the EZtory service.
All Materials you upload remains yours. You can remove your EZtory store at any time by deleting
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly
to your store; (b) to allow EZtory to store, and in the case of Materials you post publicly, display,
your Materials; and (c) that EZtory can, at any time, review all the Materials submitted to its Service,
although EZtory is not obligated to do so.
- You retain ownership over all Materials that you upload to an EZtory store; however, by making your store
public, you agree to allow others to view Materials that you post publicly to your store. You are
responsible for compliance of the Materials with any applicable laws or regulations.
- 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.
- EZtory shall have the non-exclusive right and license to use the names, trademarks, service marks and
logos associated with your store to promote the Service.
- Eztory includes interactive areas in which you may post content and information, including peer endorsements and user reviews, questions and answers, comments, photos, descriptions, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to Eztory. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the Eztory Terms or our policies or Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
- When you post User Content to Eztory, you give Eztory and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Eztory platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Anything you upload remains yours and your responsibility.
8. POS Services
In addition to the terms applicable to Services generally, the following terms apply to your access and use
of the POS Services. The POS Services include the EZtory POS software (“POS Software”), the EZtory POS
website, located at
https://www.eZtory.com/pos, programs, documentation, apps, tools, internet-based services and components, EZtory’s POS hardware
(“POS Equipment”) and any updates thereto provided to you by EZtory.
- Access to and use of the POS Services requires that you have an active and valid Account.
- If your POS Services are enabled with EZtory Payments, you cannot concurrently use any other payment
processing service. The payment gateway used for your POS Services must the same as that used for
your Online Services, if applicable.
- You can terminate your POS Services without terminating your Account or any other Services you subscribe
to, and in such case, you will continue to be billed, and will pay for, the Services (other than
the terminated POS Services).
- You agree to use the POS Services in accordance with all procedures that may be provided by EZtory from
time to time.
- While the POS Services use encryption technology, and the law generally prohibits third parties from
monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services,
and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
- POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment
Agreement, located at https://www.eZtory.com/legal/notice.
Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment,
you will acquire ownership of and title to the hardware components of the POS Equipment, and
you will be licensed to access and use all POS Software installed in the POS Equipment (and any
updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable
basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return
Policy, which can be found at https://hardware.eZtory.com/pages/return-policy. Returns and refunds are not available for the Chip & Swipe Reader, Swipe (Audio Jack) and
physical gift cards purchased from the EZtory Hardware Store.
- The Fees for POS Services shall be determined based on the number of locations using the POS Services.
Locations are defined by business address and are used for associating orders with a specific business
address. Locations are added through the EZtory web administrative console. The number of locations
using POS Services will also be detected by us and billed accordingly as part of your regular Billing
Cycle. In the event of any discrepancy between the number of locations added by you through the EZtory
web administrative console and the number of locations detected by EZtory, the number of locations
detected by EZtory shall be deemed to be correct.
If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel
your POS Services at any time and still keep your Online Services active. We take data security
very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100%
secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that
the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS
equipment, except Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards.
9. EZtory Shipping
If you are located in either Canada or the United States, you can purchase shipping labels from within your
EZtory administrative console (“EZtory Shipping”) for delivery of goods purchased from your EZtory Store.
In addition to these Terms of Service, your access to and use of EZtory Shipping is subject to the EZtory
Shipping Terms of Service, located at https://www.eZtory.com/legal/terms-shipping-us
10. Theme Store
- You may establish the appearance of your EZtory store with a design template from EZtory’s Theme Store
(“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are
free to transfer a Theme to a second one of your own stores if you close your first store. To initiate
a transfer of a Theme to a second one of your stores, please email
support@eZtory.com . You are not permitted to transfer or sell a Theme to any other person’s
store on EZtory or elsewhere. Multiple stores require multiple downloads and each download is subject
to the applicable fee. EZtory gives no assurance that a particular Theme will remain available for
- You may modify the Theme to suit your store. EZtory may add or modify the footer that refers to EZtory
at its discretion. EZtory may modify the Theme where it contains, in our sole discretion, an element
that violates the EZtory AUP or the Terms of Service, even if you received the Theme in that condition.
EZtory may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the
rights granted by your purchase of a Theme, the designer may take legal action against you, and EZtory
may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer, and EZtory accepts no responsibility
to provide such support. EZtory may be able to help you contact the designer.
- It is the responsibility of the user, and not EZtory, to ensure that the installation of a new theme
does not overwrite or damage the current or preexisting theme, or UI, of the user.
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers
own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the
designer. Note that Themes may disappear over time and are subject to change.
11. EZtory Experts
- EZtory Experts is an online directory of independent third parties ("Experts") that can help you build
and operate your EZtory store. EZtory does not employ Experts and is in no way affiliated with Experts.
- EZtory does not endorse Experts and takes no responsibility for any work performed by Experts or failure
to fulfill a work order. Links to websites of Experts, announcements about services or offers, and
responses to email inquiries regarding Experts, are provided solely for informational purposes at
the discretion of EZtory and shall not be construed or imply permission, or an affiliation, position
regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation
or endorsement of any website, product, service, activity, business, organization, or person, and
any offers, products, services, statements, opinions, content or information on any linked third-party
- Under no circumstances shall EZtory be liable for any direct, indirect, incidental, special, consequential,
exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental,
special, consequential, exemplary or other damages that result from any contractual relationship
between you and EZtory experts. These limitations shall apply even if EZtory has been advised of
the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted
Experts are not employees of EZtory and we are not responsible for them.
12. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription
Fees”) and any other applicable fees, including but not limited to fees relating to the processing
of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of
any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party
Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional
Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. EZtory
will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and
EZtory will continue to charge the Authorized Card (or any replacement card) for applicable Fees
until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless
otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing
Date”). Transaction Fees and Additional Fees will be charged from time to time at EZtory’s discretion.
You will be charged on each Billing Date for all outstanding Fees that have not previously been charged.
Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As
well, an invoice will appear on the Account page of your EZtory administration console. Users have
approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt
to process payment using the Authorized Card 3 days later. If the second attempt is not successful,
we will make a final attempt 3 days following the second attempt. If our final attempt is not successful,
we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment
of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able
to access your Account during any period of suspension. If the outstanding Fees remain unpaid for
60 days following the date of suspension, EZtory reserves the right to terminate your Account.
- 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”).
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or
purchase of EZtory’s products and services. These Taxes are based on the rates applicable to the
billing address you provide to us. Such amounts are in addition to the Fees for such products and
services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes,
you must provide us with evidence of your exemption, which in some jurisdictions includes 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 evidence satisfactory to EZtory of your exemption.
If you are not charged Taxes by EZtory, you are responsible for determining if Taxes are payable,
and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
- You must maintain your current location in the administration menu of your EZtory store and promptly
update your location if you move jurisdictions. If you change jurisdictions you must promptly update
your location in the administration menu.
- EZtory does not provide refunds.
A valid credit card is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction
Fees or Additional Fees will be charged to your credit card. If we are not able to process payment
of Fees using your credit card, we will try your credit card again 3 days following the initial
failed attempt. If we are unable to process payment of Fees on the second attempt, we will attempt
to process payment of Fees on your credit card a third and final time 3 days following the second
attempt. If payment of Fees is unsuccessful after three attempts, EZtory may freeze your store.
You may be required to remit Taxes to EZtory or to self-remit to your local taxing authority.
13. Cancellation and Termination
- You may cancel your Account at anytime by emailing
support@eZtory.com and then following the specific instructions indicated to you in EZtory’s
- Upon termination of the Services by either party for any reason:
- EZtory will cease providing you with the Services and you will no longer be able to access your
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of
any Fees, pro rata or otherwise;
- any outstanding balance owed to EZtory for your use of the Services through the effective date
of such termination will immediately become due and payable in full; and your store website
will be taken offline.
- If you purchased a domain name through EZtory, 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 at the date of termination of the Service, there are any outstanding Fees owing by you, you
will receive one final invoice via email. Once that invoice has been paid in full, you will
not be charged again.
- We reserve the right to modify or terminate the EZtory Service or your Account for any reason,
without notice at any time.
- Fraud: Without limiting any other remedies, EZtory 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.
- Notwithstanding any of these Terms, Eztory reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Eztory reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
To initiate a cancellation, email
support@eZtory.com. EZtory will respond with specific information regarding the cancellation
process for your account. Once cancellation is confirmed, domains purchased through EZtory will
no longer be automatically renewed. If you cancel in the middle of your billing cycle, 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.
14. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from EZtory. Such notice may
be provided at any time by posting the changes to the EZtory Site (eZtory.com) or the administration
menu of your EZtory store via an announcement.
- EZtory reserves the right at any time, and from time to time, to modify or discontinue, the Service (or
any part thereof) with or without notice.
- EZtory 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.
15. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific
terms applicable to services you purchase from, or that are provided by, EZtory’s partners or other
- EZtory may from time to time recommend, provide you with access to, or enable third party software, applications
(“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration
or use, including via the EZtory App Store. Such Third Party Services are made available only as
a convenience, and your purchase, access or use of any such Third Party Services is solely between
you and the applicable third party services provider (“Third Party Provider”). Any use by you of
Third Party Services offered through the Services or EZtory’s website is entirely at your own risk
and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies
applicable to such Third Party Services before using them. In some instances, EZtory may receive
a revenue share from Third Party Providers that EZtory recommends to you.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that EZtory has
no control over Third Party Services and shall not be responsible or liable to anyone for such Third
Party Services. The availability of Third Party Services on EZtory’s websites, including the EZtory
App Store, or the integration or enabling of such Third Party Services with the Services does not
constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with EZtory.
EZtory does not guarantee the availability of Third Party Services and you acknowledge that EZtory
may disable access to any Third Party Services at any time in its sole discretion and without notice
to you. EZtory is not responsible or liable to anyone for discontinuation or suspension of access
to, or disablement of, any Third Party Service. EZtory strongly recommends that you seek specialist
advice before using or relying on Third Party Services, to ensure they will meet your needs. 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 you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to
allow the applicable Third Party Provider to access your data and to take any other actions as required
for the interoperation of the Third Party Service with the Services, and any exchange of data or
other interaction between you and the Third Party Provider is solely between you and such Third Party
Provider. EZtory is not responsible for any disclosure, modification or deletion of your data or
other Materials, or for any corresponding losses or damages you may suffer, as a result of access
by a Third Party Service or a Third Party Provider to your data or other Materials.
- Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject
to your acceptance of the Google Maps and Earth Enterprise Universal
Acceptable Use Policy , as it may be amended by Google from time to time.
- Under no circumstances shall EZtory be liable for any direct, indirect, incidental, special, consequential,
punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party
Services or your contractual relationship with any Third Party Provider, including any Expert. These
limitations shall apply even if EZtory has been advised of the possibility of such damages. The foregoing
limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, EZtory partners,
officers, directors, agents, employees, and suppliers harmless from any claim or demand, including
reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship
with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the
EZtory platform, you permit us to send your data to those services. If you use them you agree
that we do not provide a warranty, so get advice beforehand.
16. GDPR Compliance
17. DMCA Notice and Takedown Procedure
EZtory supports the protection of intellectual property and asks EZtory merchants to do the same. It’s our
policy to respond to all notices of alleged copyright infringement. If someone believes that one of our
merchants is infringing their intellectual property rights, they can send a DMCA Notice to EZtory’s designated
agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials
claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply
with a counter notification using our form if they object to the complaint. The original complainant
has 14 business days after we receive a counter notification to seek a court order restraining the merchant
from engaging in the infringing activity, otherwise we restore the material. For more information, see
our DMCA Notice and Takedown Procedure.
EZtory respects intellectual property rights and you should too. If we receive a DMCA Notice, we
may disable access or remove the allegedly infringing content from your website. If you don’t
think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send
EZtory a DMCA Notice. We will expeditiously disable access or remove the content and notify the
merchant. Be advised that we post all notices we receive.
18. Privacy & Data Protection
EZtory is firmly committed to protecting the privacy of your personal information and the personal information
of your customers. By using the Service, you acknowledge and agree that EZtory’s collection, usage and
disclosure of this personal information is governed by our
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services
to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data
are located in Europe.
9210 Judicial Drive, Unit 7109
San Diego, CA 92122