Terms of Service

1. The agreement

These Terms of Service (the "Terms") are an agreement between Stronger eCommerce Inc. ("we", "us") and the business that signs up for interSend ("you", the "Customer"). They cover the interSend web app, its API and MCP server, and the help we give with them (together, the "Service"). The Privacy Policy and the Data Processing Addendum are part of these Terms.

By creating an account, starting a trial or using the Service, you accept these Terms on behalf of your business, and you confirm you are allowed to do so. The Service is for businesses, not consumers.

2. What the Service does

interSend connects your sales channels (retailers and marketplaces, by EDI or by their APIs) with your order system (such as Sellercloud). It brings their purchase orders in and sends back acknowledgments, ship notices, invoices and inventory, following the settings you choose for each connection. We may improve and change the Service over time; we will not remove a core feature you rely on without reasonable notice.

3. Accounts, organizations and access

Your business uses the Service through an organization. Its admins invite people, manage billing and create API keys. You are responsible for everyone you give access to, for keeping sign-ins and API keys secret, and for what is done with them. Tell us at once at legal@tryintersend.com if you think an account or key has been misused.

The information you give us when signing up must be accurate, and you must keep your billing and contact details up to date.

4. Free trial

Every plan starts with a 14-day free trial. A card is required to start it. The monthly plan fee is first charged when the trial ends, unless you cancel before then. Orders over your plan's limit are not charged during the trial. The onboarding fee (section 5) is charged when you start, not after the trial.

5. Plans, fees and payment

The plans and prices are on our pricing page. Each plan includes a number of orders a month. Unless a written order form says otherwise:

• Plan fees are charged monthly in advance, and your plan renews automatically every month until you cancel.
• Overage: each order over your plan's monthly limit costs $0.25, billed on the next invoice. An order counts when it reaches the Service, whatever happens to it afterwards. If you change to a smaller plan during a month, the bigger limit still applies until the month ends.
• Onboarding: a one-time fee of $750, charged when you start, for setting up your account and first connections. It is not refundable once we have started that work. We may waive it, or offer other discounts, at our discretion.
• Changing plans takes effect immediately; the difference for the rest of the month is credited or charged on your next invoice.
• Prices are in US dollars and do not include taxes. You pay any sales, use, VAT or similar taxes that apply, other than taxes on our income.

Payments are processed by Stripe. You authorize us, through Stripe, to charge your payment method for all fees when due. If a payment fails, Stripe retries it over several days and the Service keeps running meanwhile; if it is still unpaid after that, we may suspend the Service until it is paid. We may change our prices with at least 30 days' notice; the change applies from your next billing period after the notice.

If you installed our app from the Shopify App Store, you are billed through Shopify instead of Stripe, at the same prices: you approve each charge in Shopify, and Shopify bills it on your store's Shopify bill. Plans renew every 30 days. The onboarding fee is a separate one-time charge you approve after your first plan. Overage is charged up to a monthly cap you approve with the plan; orders over the cap are not charged for that period, and the Service keeps running. A bigger plan starts when you approve it, with Shopify adjusting the charge for the rest of the period; a smaller one starts at your next billing period. Shopify's own terms cover how it collects payment, and if Shopify holds a charge because your Shopify bill is unpaid, the Service keeps running while it is sorted out.

6. Cancellation and refunds

You can cancel at any time from the Billing page in the app (company admins), or by emailing legal@tryintersend.com. Cancelling stops the next renewal: your plan keeps working until the end of the period you have paid for, and then ends. Overage up to that day is billed on a final invoice.

If you are billed through Shopify, cancelling (from Billing, or by removing our app from your store) ends the plan straight away, and Shopify credits the unused part of the period on your Shopify bill. Overage up to that moment is still charged.

Fees already paid are not refundable, including for a partly used month, except where the law requires a refund or where we end the Service for our own convenience (section 12), in which case we refund any prepaid fees for the time not used.

7. Your data

"Customer Data" means what you or your connected systems put into the Service: orders, shipping addresses, documents, inventory, settings and credentials. You own it. You give us permission to host, copy, process and send it only as needed to provide, secure and support the Service, and as you instruct through your settings. We do not sell it. How we handle personal information in it is set out in the Data Processing Addendum and the Privacy Policy.

You are responsible for having the right to give us Customer Data, including the personal information of the shoppers in your orders, and for the accuracy of what your systems send. You can export your data while your account is active. After your account ends, we delete Customer Data within 30 days of your written request, and we may delete it without a request 90 days after the account ends, except copies we must keep by law or that remain for a short time in backups.

8. Your partners, order system and other services

The Service works with systems we do not control: your order system, your retailers and marketplaces, their networks and portals, and services you connect such as Slack. You need your own agreements and credentials with them, and you are responsible for following their rules, including their EDI and shipping requirements. We are not responsible for their outages, changes, fees or decisions, and we are not affiliated with or endorsed by them unless we say so.

You decide when each connection creates orders in your order system and sends documents to a partner. Review your settings and test a connection before turning those on. You remain responsible for your dealings with your partners, including chargebacks, compliance fines and penalties they apply, even when they relate to documents the Service sent on your instructions.

9. AI features

Some features use artificial intelligence, such as the in-app help chat, which uses a third-party AI model (see Subprocessors). Answers can be wrong or incomplete: check them before acting on them, and do not enter passwords or secret keys into chat. AI features do not change your settings or send anything to your partners by themselves.

10. Acceptable use

You agree not to:

• break the law, or infringe anyone's rights, through the Service;
• send data you have no right to send, or malicious code;
• try to get into other customers' data, or test, probe or get around the Service's security, without our written permission;
• overload the Service, including by calling the API far beyond normal business use;
• resell the Service, or copy or reverse engineer it to build a competing product.

We may suspend access that puts the Service, other customers or the public at risk. We will tell you why and restore access once the problem is fixed.

11. Confidentiality and security

Each of us will keep the other's non-public information confidential and use it only for this agreement. We protect Customer Data with reasonable technical and organizational measures, including encryption of passwords and keys we store for your connections and separation of each organization's data. No system is perfectly secure; we will tell you without undue delay if a security incident affects your Customer Data.

12. Term, suspension and termination

These Terms apply from when you sign up until your account ends. You may end them by cancelling (section 6). We may end them on 30 days' notice for any reason, or at once if you materially breach them and do not fix the breach within 10 days of our notice, or for non-payment as described in section 5. Sections that by their nature should continue (fees owed, your data, confidentiality, disclaimers, limits of liability, indemnity and governing law) continue after the account ends.

13. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Apart from that, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Service will be uninterrupted or error-free, or that a partner will accept every document.

14. Limitation of liability

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sales, goodwill or data, or for partner chargebacks, fines or penalties, even if told they were possible.

Each party's total liability arising out of or relating to these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim. These limits do not apply to your obligation to pay fees, to either party's indemnity obligations, or to liability that cannot be limited by law.

15. Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data, your use of the Service in breach of these Terms, or your dealings with your partners and customers. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights. The party seeking indemnity must tell the other promptly, let it control the defense, and cooperate reasonably.

16. Our intellectual property and feedback

We own the Service, its software and its content, and these Terms do not transfer any of it to you; you have the right to use the Service while your account is active. If you send us suggestions, we may use them without owing you anything.

17. Changes to these Terms

We may update these Terms. For a material change, we will tell your organization's admins by email or in the app at least 30 days before it takes effect. If you keep using the Service after that, the new Terms apply; if you do not agree, you can cancel before they take effect.

18. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Any dispute will be heard only in the state or federal courts located in New Jersey, and both of us consent to their jurisdiction. Before going to court, each of us will first try in good faith to resolve the dispute by writing to the other.

19. General

These Terms, with any order form you sign with us, are the whole agreement about the Service and replace earlier discussions. If a part is found unenforceable, the rest still applies. Not enforcing a part is not a waiver. You may not assign these Terms without our consent, except to a successor of your business; we may assign them to a successor of ours. Neither of us is liable for delays caused by events beyond reasonable control. Notices to us go to legal@tryintersend.com; notices to you go to your organization's admins' email addresses.