Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Funky Monkey Limited, a company incorporated in England and Wales ("Funky Monkey Limited", "we", "us", or "our"). By accessing or using our platform, services, or website (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree with these Terms, you must not access or use our Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Orbit Commerce provides an ecommerce platform that enables businesses to create, manage, and operate online stores. Our Service includes website building tools, payment processing integration, inventory management, and related ecommerce functionality.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice.

3. User Accounts and Responsibilities

4. Payment Terms

Subscription fees are charged in advance on a recurring basis. All fees are exclusive of applicable taxes unless otherwise stated. We use third-party payment processors and are not responsible for their actions or omissions.

You authorise us to charge your chosen payment method for all fees due. If payment fails, we may suspend or terminate your access to the Service.

Refunds are provided at our sole discretion and in accordance with our refund policy, subject to your statutory rights under UK consumer protection law.

5. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Orbit Commerce and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display such content solely for the purpose of providing the Service.

You must not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. You have rights regarding your personal data, including the right to access, rectify, erase, and port your data.

7. Limitation of Liability

To the fullest extent permitted by law:

• We exclude all warranties, conditions, and representations, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement
• Our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Funky Monkey Limited, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, if you breach these Terms or engage in conduct that we determine to be harmful to the Service or other users.

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will cease immediately.

Termination does not relieve you of any obligations incurred prior to termination. Sections relating to intellectual property, limitation of liability, indemnification, and governing law shall survive termination.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. However, we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

11. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or technical failures of third-party services.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last updated" date.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

14. Entire Agreement

These Terms constitute the entire agreement between you and Funky Monkey Limited regarding the Service and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: