NXDPRO Commerce terms of service for merchants

1. Who we are

NXDPRO Commerce is provided by NXDPRO Solutions:

Name

NXDPRO Solutions

Address

Pontidos 17

Registration number

00000000

VAT / tax identification number

00000000

Email

[email protected]

2. The service

NXDPRO Commerce is online store software that we host: storefront, admin, templates and apps, as the Features page described them on the day the merchant accepted the version of these terms in force. New features are added without changing the terms; a feature is removed or reduced only as section 15 sets out. [The legal adviser checks whether the description of the service should be attached to the terms.] Connections to outside providers marked “pending first live account” have not yet been used with a real account: the first merchant to switch one on tests it with us before relying on it.

During the pilot, accounts are opened by invitation only, after we approve the business’s request.

3. Account and access

The account belongs to the business; the account holder represents it towards us and accepts these terms on its behalf. The merchant decides which team members have access and with which role, and is responsible for what they do. It keeps passwords secret and tells us at once if it suspects someone else has learned one. We recommend two-step verification for every team member.

4. Plans, limits and fees

Each account has a plan with limits (products, team members, stores, photo storage, AI, apps). When a limit is reached, what exists stays as it is and only adding more stops. Fees and term are agreed in writing for each account (a quote or an agreement) and paid by invoice; we make no automatic charges. A change of fees applies only after we have told the merchant in writing at least [to be completed: days] days before. [The legal and tax advisers complete the tax (VAT) treatment of the fees.]

5. What the merchant is responsible for

The merchant is the seller towards its customers. In particular, it is responsible for:

• the products, prices, descriptions, photos and every content of the store, and having the right to use them;
• the store’s legal pages: the platform gives templates, which the merchant checks with its own adviser before the store opens;
• complying with consumer, pricing, VAT and tax-document law (receipts, invoices, myDATA), even when the platform prepares them, which it checks before relying on them (section 14);
• its agreements with the payment providers, couriers and marketplaces it switches on;
• protecting its customers’ data, as controller, as the Data processing agreement sets out.

6. Acceptable use

On NXDPRO Commerce the following is not allowed:

• selling illegal, dangerous or counterfeit products;
• fraud: a store that takes payments without delivering, or that asks for passwords or card details pretending to be someone else (phishing);
• using other people’s photos, texts or trade marks without permission;
• sending bulk messages to people who did not consent;
• any attempt to get round the platform’s security or to overload it.

7. Reports and measures

Every store has a “Report this shop” link in its footer, through which anyone can tell us about content they consider illegal (Article 16 of Regulation (EU) 2022/2065, the Digital Services Act). We look at every report, and to anyone who gives us an email we confirm receipt and give our decision. When we restrict a store or content, we tell the account holder, by email and in the admin, the reason and the term it rests on, the facts, whether a report led to it, and how to object (Article 17 of the same Regulation).

8. Availability, backups and support

We take care that the platform runs continuously, without guaranteeing a set availability percentage during the pilot. We keep a database backup every night (and the photos when space allows), on the same server: one per day for 7 days and one per week up to 35 days. There is no off-site copy yet. Maintenance that interrupts the service is done, as far as possible, at quiet hours. Support is by email at [email protected], in Greek and English.

9. Personal data

For the store’s customers’ data, the merchant is the controller and we are the processor, as set out in the Data processing agreement and the list of sub-processors (Sub-processors). For the data of the merchant’s team members as users of the platform, the Privacy policy applies.

10. Intellectual property

The software, templates and documentation of NXDPRO Commerce belong to us or our licensors; the merchant may use them while its account lasts. The store’s content belongs to the merchant, which allows us to host and show it as far as the service needs.

11. Suspension

We may suspend a store for unpaid fees, a breach of these terms, security reasons, when the law or an authority requires it, at the merchant’s own request, or for another serious reason we state in the notice. We tell the account holder, by email and in the admin, the reason, the facts, whether a report led to it, what is needed to open again and how to object: by answering us at [email protected], and then before the courts of Cyprus. During a suspension, the store’s customers still see their orders, the legal pages and the withdrawal form.

12. Ending and your data

The merchant may close its store at any time from its settings (Plan and data), subject to the term agreed. Before and after closing it can download the export of the whole store (each export stays available for 7 days). For 30 days after closing the store can open again; then its data is deleted, except what the law requires to be kept (tax records), which is deleted on 31 December of the year that comes 6 years after their year; until then we give them to the merchant when it asks in writing at [email protected]. Backups expire within 35 days.

13. Ending by us

We may end an account or the pilot with written notice of at least [to be completed: days] days, except for a serious breach of these terms or when the law or an authority requires it. During the notice and the 30 days after closing, the merchant downloads the export of the whole store; the tax records we keep afterwards on its behalf we give as section 12 sets out. [The legal adviser sets the notice period.]

14. Liability

[The legal adviser reviews this section.] We are liable for damage we cause intentionally or by gross negligence. For any other damage our liability is limited to the total fees the merchant paid in the 12 months before the event. [For accounts without fees or during the pilot this limit is zero: the legal adviser sets a minimum liability limit.] We are not liable for lost profits or indirect damage, for third-party services the merchant switches on (payments, couriers, marketplaces), or for the store’s content and sales.

The VAT calculation, myDATA transmissions, the reference prices of reductions and the legal page templates are tools: the merchant checks what they produce before relying on it. Connections to providers marked “pending first live account” are provided as they are, until they are confirmed with us on a real account. Nothing in these terms limits liability that the law does not allow to be limited.

15. Changes to these terms

Each new version shows in the account holder’s admin, who is also told by email and accepts it there; we keep the text accepted, who accepted it, when and from which address. A new store opens only once the holder has accepted the terms and the data processing agreement in force. A store already open carries on under the previous version for at most [to be completed: days] days after the new one is put to the holder; then we may suspend it (section 11). If the merchant does not accept a new version, it may close its account under section 12.

16. Governing law and language

[The legal adviser confirms.] These terms are governed by the law of the Republic of Cyprus, and the courts of Cyprus have jurisdiction. The terms exist in Greek and English; in case of conflict the Greek text prevails. [The legal adviser confirms which text prevails.]

17. Point of contact

For authorities, merchants and users of the service (Articles 11 and 12 of Regulation (EU) 2022/2065): [email protected], in Greek and English.