Terms of Service
1. GENERAL TERMS
1.2. Acceptance of Terms
1.2.2. The failure of MagneticOne 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 incorporate the entire agreement between you and MagneticOne and govern your use of the Service, superseding any prior agreements between you and MagneticOne (including, but not limited to, any prior versions of the Terms of Service).
1.3. Modification of Terms
1.3.1. MagneticOne reserves the right to temporarily or permanently modify or discontinue these Terms of Service at any time, with or without notice. Any modifications, such as augmentation or enhancement of the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service shall constitute acceptance of the Terms of Service as modified.
1.4. Copyright and Content Ownership
1.4.1. We claim no intellectual property rights over the data you provide to the Service. Your profile and data uploaded remain yours. When taking part in surveys or providing testimonials, you agree to allow MagneticOne to publish the Data without your prior consent.
1.4.2. File2Cart does not pre-screen Data, but File2Cart and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Data that is available via the Service.
2. SERVICE SPECIFIC TERMS
2.1. Acceptance of Service
2.1.1. Your use of the Service is at your sole risk. The service is provided on “as is” and “as available” basis.
2.1.2. While MagneticOne prohibits offensive conduct and content on the website and Service, you understand and agree that MagneticOne cannot be held responsible for the information you might be exposed to.
2.1.3. You understand that MagneticOne uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
2.1.4. You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve:
i) transmissions over various networks;
ii) changes to conform and adapt to technical requirements of connecting networks or devices. This does not include payment information, which is transferred encrypted.
2.1.5. You expressly understand and agree that MagneticOne 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 (even if MagneticOne has been advised of the possibility of such damages) resulting from:
i) the use or the inability to use the service;
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 service;
iii) unauthorized access to or alteration of your transmissions or data;
iv) statements or conduct of any third party on the service.
2.1.6. MagneticOne does not warrant that the Service will meet your specific requirements, be uninterrupted or error-free.
2.2. Modification of Service
2.2.1. MagneticOne reserves the right to modify or terminate the Service for any reason, without notice at any time.
2.2.2. We may, but have no obligation to, remove Data and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
2.2.3. All prices on the Service are subject to change without prior notice from MagneticOne. If such notice is due, it may or may not be provided at any time by MagneticOne or the Service itself.
2.2.4. MagneticOne shall not be liable to you or to any third party for any modifications, price change, suspension or discontinuance of the Service.
2.3. User Obligations
2.3.1. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MagneticOne as a company, or any other MagneticOne service or product.
2.3.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, usage of the Service, or access to the Service without written permission from MagneticOne.
2.3.3. You must not upload, post, host, or transmit unsolicited e-mail, SMS, or “spam” messages through or to the Service, or on the Website.
2.3.4. You must not transmit any worms or viruses or any code of a destructive nature through the Service or Website.
2.3.5. If you become aware of any issues with the Service that result in the improper functioning of the Service, you are bound to inform File2Cart instantly. If no such notice is provided, the Service cannot be held responsible for the due consequences.
2.3.6. File2Cart guarantees the highest Service security standards, therefore you are obliged to follow the highest level of security and control of any third-parties or hostile software on your part. Any kind of inobservance of the rules will result in our inability to provide with high-level service, for which File2Cart shall not be held responsible.
2.4. Account Terms
2.4.1. When registering a new Account you are bound to meet the following terms:
i) You must be 13 years or older to use the website
ii) You must be a human. Accounts registered by “bots” or other automated methods are not permitted
iii) You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process and provide all the necessary details to the support center
iv) You are responsible for maintaining the security of your Account and the accompanying password (the “Password”). File2Cart cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
v) You are responsible for all the Data posted and activity that occurs under your account
vi) You may not use your Account for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)
2.4.2. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MagneticOne customer, employee, member, or officer will result in the immediate Account termination.
2.4.3. MagneticOne, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MagneticOne service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to the Account, and the forfeiture and relinquishment of all Content in your Account. MagneticOne reserves the right to refuse service to anyone for any reason at any time.
2.4.4. By providing File2Cart with the Account information for any of your stores, you’re agreeing to allow File2Cart to login to your account, view all account information, modify any other settings deemed necessary for automated interaction and otherwise compatibility with the Service and/or send a data to/from the stores on your behalf. File2Cart does not know, keep or in any other manner get full access to your login and password information, but can only access your Account with your sole permission.
2.4.5. By registering an Account at File2Cart website, you agree to occasionally receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the authorised users of File2Cart. If you do not want to receive newsletters and updates, you may unsubscribe any time based on your wish.
2.4.6. A breach or violation of any of the Account Terms as determined in the sole discretion of MagneticOne will result in an immediate Account termination.
2.5. Support Terms
2.5.1. Technical support is available via email or live chat. Guaranteed response period is 24 hours (business days). Actual response period may vary.
2.5.2. Complaints about the accuracy of imported data can be accepted within 30 days after Full Import was completed. During this period, emergence, change, or destruction of data in the database can take place due to store usage. All these changes may distort the results of the import. Therefore, File2Cart must not be held responsible for any of the above mentioned issues.
2.5.4. You must provide timely response to the requests made by the Service Support Team. If no response is provided on your side, the issue in question shall be considered exhausted. In this case, we reserve the right to act on the problem using our own judgement or based on the previous agreement.
2.6. Data Import Terms
2.6.1. The Service does not guarantee proper data import of the custom data, fields or information handled by third-party modules and/or contributions. File2Cart supports standard shopping cart database schemes by default.
2.6.2. Custom data/fields can be included in the data import process on customer’s demand for additional charge. On this end, you need to send your request to [support at file2cart dot com].
2.6.3. Support Service Packages include all the necessary actions on your shopping cart and in your file/feed: uploading additional files via FTP, data import wizard configuration, performing Demo data import, import customization, scheduled import setup, import from multiple files. It does not include any module configuration or non-standard entities import.
2.6.4. After requesting Support Service Package, you are not allowed to create any other Data Imports with the same store information. You are held responsible for restricting all access to your FTP and admin panel, deleting all temporary customers, their password information, etc.
2.6.5. By these Terms of Service you agree not to change, modify, add, or remove portions of Bridge Script source code as it is owned by MagneticOne. You agree not to use, reproduce, modify, adapt, publish, translate the Bridge Script source code into any form, medium, or technology now known or later developed throughout the universe.
2.7. Payment and Refund Terms
2.7.1. All the prices for the Service are provided in US currency (USD).
2.7.2. The Service is billed in advance and is non-refundable.
2.7.3. File2Cart provides full 100% refund if there are any major technical issues with imported data, this has been verified and confirmed by File2Cart engineers and can't be resolved within 48 hours since first report by customer. Please fill the Refund Request Form to initiate the refund procedure.
2.7.4. File2Cart does not provide refunds if any kind of issues with the Service were not investigated by File2Cart tech engineers.
2.7.5. File2Cart does not provide refunds for Support Service Packages.
2.7.6. File2Cart does not provide refunds for custom Data Import.
2.7.7. After the Service is completely provided only partial refunds (up to 30%) are possible since computing resources were already consumed.
2.7.8. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all additional financial contributions, excluding only United States (federal or state) taxes.
If there are any questions regarding these Terms of Service, contact us at contact [at] file2cart dot com