Terms and Conditions

By using the webgility.com website ("Service"), all services of Webgility, Inc. ("Webgility"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you are using the Service or related services on behalf of a company or other entity, then "Customer" or "you" means that entity, and you are binding that entity to this Agreement.

Webgility reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with Webgility or third parties.

Webgility places the utmost importance on your security and the safety of information shared with the Service. You can review our privacy policy, data anonymity and erasure procedures and related information here.

General Terms and Conditions

• You agree that use of the Service is at your sole risk. The Service is provided as an "as is" and "as available" basis. You agree that use of the Service, including any applets, software, content and services accessible therein, is entirely at your own risk.
• Webgility does not warrant that the service is free from bugs, viruses, errors, or other program limitations, nor does Webgility warrant access to the Internet or to any other service or content through the Service.
• The entire liability of Webgility and its Representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services or content purchased from Webgility, its authorized reseller or its service providers.
  • To the maximum extent permitted by applicable law, Webgility and its subsidiaries, affiliates, licensors, participating financial institutes, third-party content or service providers, distributors, dealers or suppliers ("Representatives") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investment, or the like), whether based on breach of warranty, tort (including negligence), product liability or otherwise, even if Webgility or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
  • Webgility's total liability related to or arising out of this agreement shall be limited to the amount of fees actually paid by you to Webgility in the 12 months prior to the event causing any such liability.
  • Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  • The limitations of damages set forth above are fundamental elements of the basis of the bargain between Webgility and you. Webgility would not be able to have provided this Service to you without such limitations.
• You agree that Webgility has the right to collect, store, and use non-sensitive data that can be uniquely identified to a particular account and otherwise sensitive data that will be anonymized and aggregated. This includes the ability to take a version of your data (with Personally Identifiable Information data removed) to development environment for troubleshooting.
• You agree that Webgility may use your name and logo to identify you as a Webgility customer on its website or in other sales or marketing materials (provided that Webgility will not issue any press release regarding your use of the Service without your prior consent).

Copyright, Content, and Ownership

• As between us, all right, title and interest in and to the Service, any underlying software and any other deliverables, including all derivative works, plug-ins, modifications and copies, and intellectual property rights therein are and shall remain the sole and exclusive property of Webgility.
• No title to or ownership of any such items, or any intellectual property or proprietary rights in or to such items, is transferred to you under these Terms of Service or through your use of the Service. Such items are confidential and proprietary to Webgility and you shall not disclose or provide access to such items to any third party without the prior written consent of Webgility. You agree you shall not:
  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; modify or make derivative works based upon the Service; or
  • reverse engineer or access the Service in order to develop, or benchmark against, a competitive product or service, or develop products using, or otherwise copy, features, functions, interfaces or graphics of the Service.
• Webgility is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in the Service, and is the copyright owner or licensee of the content and/or information in the Service including but not limited to any screens appearing therein.
• You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information in the Service for your personal use or records.
• Webgility does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other Copyrightable material or other intellectual property, by placing them in the Service.

Customization & Development

From time to time, you may desire or require additional development and customization of one of our products. On a case-by-case basis, we will review the specifications of these customizations. Where applicable, and at our sole discretion, we may provide the requested development free of charge or for a fee, communicated to and accepted by you. In either case, Webgility retains the entire right, title, and interest in anything created or developed by us for you, including all patents, copyrights, trade secrets and other proprietary rights. At no time do any rights transfer to you, your agents, or your customers.

User Conduct

While using the Service, you may not:

• Restrict or inhibit any other user from using and enjoying the Service.
• Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations.
• Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Webgility) or engage in spamming or flooding.
• Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).
• Encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations.

Third Party Links, Content and Service

You acknowledge and agree that:

• Neither Webgility nor any of its content or service providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
• Webgility has no responsibility for the accuracy or availability of information or services provided by third party linked sites.
• Links to such sites do not constitute an endorsement by Webgility of such sites or the content, services, products, advertising or other materials presented on such sites.
• You acknowledge and agree that Webgility shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products advertising or other materials available on such sites.

Payment, Banking, Billing or Other Online Services

If you wish to make purchases in the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree:

• Webgility is not liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service.
• That all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current.
• To pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred.
• If you signed up for a monthly plan, you will be charged at the beginning of each month. Annual plans may incur monthly charges for monthly services, including but not limited to Webgility Insurance.
• By signing up for a subscription service with Webgility, you authorize the company to charge your credit card for your plan total on an annual or monthly recurring basis, until canceled.
• You will be responsible for paying any applicable taxes relating to purchases through the Service.

Order Limits & Overage Fees

Each subscription includes an order allowance as stated on your plan. If you exceed your allowance in any billing period, overage fees will apply as detailed on our pricing page.

Overage fees are calculated at the end of the billing period and charged to your payment method on file. Service is not capped when limits are reached; continued use will accrue overage fees.

If you consistently exceed your allowance, we may recommend a plan change.

Pricing Changes

Right to Change Pricing — Webgility reserves the right to change subscription pricing, plan features, and associated fees at any time. Price changes will apply to new subscriptions immediately and to existing subscriptions upon renewal of the current billing period.

Notice & Effective Date — For existing customers, Webgility will provide at least 30 days' notice of any price increase via email to the email address on file. Price increases will take effect on your next renewal date. If you do not wish to accept the new pricing, you must cancel your subscription before the new price takes effect. Cancellations must be submitted to billing@webgility.com at least 7 days prior to your renewal date.

Cancellation

You may cancel your subscription by submitting a cancellation request to billing@webgility.com at least 7 days prior to your subscription renewal date. You can also request to cancel your account by logging into your customer portal at portal.webgility.com.

Upon canceling your subscription, your account will be disabled and you will no longer be able to access any content or features of the products and/or services to which you were subscribed. There will be no refunds or credits for partial months of service.

Termination

Webgility, 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 for any reason at any time. Webgility reserves the right to refuse service to anyone for any reason at any time.

Payment, Refunds and Upgrading

You must provide a valid credit card in order to receive services from Webgility. When you sign up for a subscription service, you will be charged immediately for any applicable one-time fees and/or annual subscription fees.

Webgility subscriptions will incur $50 overage fees for every extra 100 orders downloaded beyond the plan's monthly order limit.

30-Day Refund on Annual Plan Purchases

If you decide to cancel your annual subscription within 30 days of initial signup, we will refund any paid subscription fees. We will also refund any implementation fees for services not yet rendered. Completed implementation services and paid customizations will not be refunded. Annual subscription fees are not refundable after 30 days of initial sign up. Monthly and Quarterly subscription fees are not refundable.

Artificial Intelligence & Automated Processing

Certain features of the Service utilize artificial intelligence ("AI") and machine learning technologies to automate processes, analyze data, enhance platform functionality, and provide recommendations. By using the Service, you acknowledge and agree to the following:

• Webgility may process data using AI technologies, including but not limited to transaction syncing, inventory management and financial reporting.
• Before any data is used for model training or development, all personally identifiable information ("PII") is removed and data is anonymized as required under GDPR, CCPA, and other applicable regulations.
• You have the right to request access to, correction of, deletion of, or portability of your data processed by AI systems.
• Users may request human review or intervention of any significant decisions or outputs generated through automated processes.
• Webgility does not use AI systems for manipulative sales practices, discriminatory profiling, or any activity prohibited under applicable law.
• Webgility reserves the right to periodically update its AI policies and notify users of substantial amendments affecting Service use or user rights.

Miscellaneous

The Terms of Service and the relationship between you and Webgility shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Webgility agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, State of Arizona.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

By accessing and using this site you agree to the Terms of Service.