The following terms used in this Agreement have the meanings set forth below:
1.1. “VConvert”: As defined in "Fast Bundle," refers to the entity that owns and provides Fast Bundle services.
1.2.“Fast Bundle”: Refers to the entity (VConvert) that owns and provides Fast Bundle services, including the software, applications, codes, and platforms developed and published for use in Shopify stores, and any features added to Shopify stores using the software named FBP | Fast Bundles Product
1.3. “Client”: The individual or legal entity (professional only) that enters into an agreement with VConvert to use Fast Bundle services. This is the party whose name and address are listed on the Account.
1.4. “Service”: The grant of access to features in Fast Bundle by VConvert. This allows the Client to use Fast Bundle in SaaS mode under the terms and conditions set out in the Agreement.
1.5. “Terms”: These Terms of Service, the Privacy Policy, and any subsequent amendments, as well as any separate agreement between Fast Bundle and the Client.
1.6. “Account”: The unique access method the Client uses to access the Service, validated by Shopify. This enables the Client to use the Service.
1.7. “Store”: The Client’s website and related properties using the Service for any purposes.
1.8. “Visitor”: Any individual or entity who interacts with the Client’s Store in any way. This includes visiting, sharing, signing up, or buying.
1.9. “Personal Information”: Any information relating to a natural person who is or can be identified, directly or indirectly. Examples include name, email address, and telephone number.
1.10. “Non-Personal Information”: Information that cannot, on its own, identify the Client or Client’s Visitor. This includes web page visits, IP addresses, log files, unique device identifiers, operating system type, browser type, GPS data, links clicked, and usage information from cookies.
1.11. “Content”: Any data, whether personal or not, related to the Client’s Store. This is sent to Fast Bundle or collected via the store’s website.
1.12. “Plan”: Fee-based plans for providing Fast Bundle services for a fixed period. These plans specify the cost for specific features during the subscription period.
1.13. “Protected Customer Data” means any information that directly relates to a customer or prospective customer, including but not limited to, names, addresses, email addresses, phone numbers, order information, and shipping details, as defined within the Shopify API and associated resources.
1.14. "Level 1 Protected Customer Data Requirements" means the minimum standards for handling Protected Customer Data, which include: processing only the minimum data required for the Service, informing clients what data is processed and why, limiting processing to those stated purposes, respecting and applying customer consent and opt-out decisions, providing an opt-out for automated decision-making that has legal or significant effects, making privacy and data protection agreements with Clients, applying retention periods, and encrypting data at rest and in transit.
1.15. "Level 2 Protected Customer Data Requirements" means a more stringent set of requirements for handling Protected Customer Data that includes names, addresses, phone numbers, or email addresses. In addition to the Level 1 requirements, Level 2 also includes encryption of data backups, separation of test and production data, implementation of a data loss prevention strategy, limitations on staff access, requirements for strong passwords for staff accounts, maintenance of access logs, and implementation of a security incident response policy.
1.16. "Data Breach" means any security incident where Protected Customer Data is accessed, disclosed, or used without authorization. This includes actual or suspected breaches of security systems and processes which may result in unintended disclosure or use of protected customer information.
2.1. Agreement to Terms: By signing up for or using the Fast Bundle service, you ("Client") acknowledge that you have read, understood, and agree to be bound by the entirety of these Terms of Service, as well as the Shopify API License and Terms of Use. Your continued use of the Service after any changes to these Terms or the Shopify API Terms will constitute your acceptance of such revised terms. If you do not agree with any of the Terms, you must not use the Service.
2.2. Effectiveness of Agreement: This Agreement between the Client and Fast Bundle becomes effective upon the creation of an Account by the Client, including a free Account, and will remain in effect until its termination by either party in accordance with the terms outlined in section 08. The Client’s use of the Service is also subject to Fast Bundle's continued adherence to the Shopify API License and Terms of Use.
2.3. Relationship with Other Agreements: These Terms of Service, the Privacy Policy, and any separate written agreement between the Client and Fast Bundle, together constitute the entire agreement. If there is any conflict between these Terms and any individual written agreement between the Client and Fast Bundle, the individual agreement will take precedence. However, no agreement shall supersede the Client's and Fast Bundle's obligation to adhere to the Shopify API License and Terms of Use.
2.4. Compliance with Shopify Terms: The Client agrees to use the Fast Bundle service in a manner that complies with all applicable laws and regulations, including the Shopify API License and Terms of Use. The Client acknowledges that Fast Bundle's ability to provide the Service is contingent upon Fast Bundle's compliance with the Shopify API License and Terms of Use, and any violation of these terms by Fast Bundle may result in suspension or termination of the service.
2.5. Notification of Changes: Fast Bundle will notify the Client of any material changes to these Terms via the Changelog page that is also available in our app listing page. The Client also understands that Shopify may modify its API terms, and these changes will be binding on both Fast Bundle and the Client. Fast Bundle will make commercially reasonable efforts to notify the client of material changes to Shopify API terms. However, it is the sole responsibility of the Client to regularly and frequently check the Changelog page and familiarize themselves with any updates to these Terms and the Shopify API terms. The Client's continued use of the Service constitutes their acceptance of any revised terms. Failure to remain informed of these changes does not absolve the Client from their responsibility to comply with the most current version of these Terms.
3.1. Service Evolution: Fast Bundle is continually innovating and upgrading the Fast Bundle Service, and the features of Fast Bundle may change over time. The Client acknowledges that the form, type, manner, and amount of service may change without prior notice. The Client also understands that these changes may be required due to updates or changes to the Shopify API, which is outside of Fast Bundle’s control.
3.2. Service Availability and Limitations: The Service is generally available 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. However, Fast Bundle's ability to provide the Service is dependent on the availability and functionality of the Shopify API. Fast Bundle may temporarily or permanently suspend or restrict the provision of the Service, without prior notice, due to innovations, policies, or limitations imposed by the Shopify API.
3.3. Service Termination and Refunds: If Fast Bundle stops providing the Service to you, which is not due to your violation of the terms, or due to legal issues, and you are in a non-free plan, you will be refunded the remaining charge of your payment for the unused portion of your subscription. This refund does not apply if Fast Bundle is unable to provide the service due to changes or termination of the Shopify API, or due to Fast Bundle’s inability to comply with the Shopify API License and Terms of Use. The client is encouraged to review the Shopify API License and Terms of Use regularly.
3.4. Support: Support for the Services is available in various specifications based on the Client’s subscribed plan. Fast Bundle will make commercially reasonable efforts to provide support for the Service, however, the Client acknowledges that Shopify does not provide support for third-party apps like Fast Bundle, including but not limited to installation and usage of the Application.
3.5. Fast Bundle Responsibility: Fast Bundle is solely responsible for the development, maintenance, and operation of the application, including its functionality, security, and updates. The Client understands that Shopify is not responsible for any defects, malfunctions or damages arising from the use of the Fast Bundle application.
3.6. API Usage Limits: The Client acknowledges that Fast Bundle’s use of the Shopify API is subject to certain limitations imposed by Shopify, including but not limited to rate limits and data access restrictions. These limitations may affect the availability and performance of the Service, and the client agrees that Fast Bundle is not liable for issues that arise as a result of Shopify's API limits.
3.7. Shopify Monitoring: The Client understands and acknowledges that Shopify may monitor use of the Shopify API to ensure quality, improve Shopify products and services, and verify compliance with their terms. This monitoring may include Shopify accessing and using the Fast Bundle application.
4.1. Pricing: The Service is offered at the prices published on the Fast Bundle app listing on the Shopify App Store, or as detailed in your Subscription Order.
4.2. Payment for Non-Free Plans: If you have subscribed to a non-free plan, payment is required on the due date, or else the Service may become limited until payment is received. A notification will be sent when payment is due.
4.3. Service Level: Fast Bundle will use reasonable effort to ensure the service is available, however, Fast Bundle cannot guarantee a continuous service as mentioned in section 03, as well as Shopify's disclaimer of warranties in section 09 of the Shopify API Licence.
4.4. No Refunds for Lack of Use: The lack of use or temporary discontinuance of the Service during the duration of the subscribed plan does not extend the term of the Agreement, nor does it qualify for a full refund or any compensation, however, Fast Bundle will consider partial refunds in special circumstances.
4.5. Pricing Changes: Fast Bundle reserves the right to modify pricing with a 30-day notice period. Should your current plan be discontinued at the end of its term, you may choose an alternative plan or terminate your subscription. If you do not agree to the new pricing, you may terminate the agreement without further charges, as laid out in section 10 of the Terms.
4.6. Payment Processing: You acknowledge that payment for the service is handled through the Shopify app store.
5.1. Collection and Use of Protected Customer Data: When you use the Fast Bundle Service, you may input, or the Service may automatically collect, Protected Customer Data about you and your Visitors. Fast Bundle is committed to processing only the minimum Protected Customer Data necessary to provide and improve the Service. This data may include, but is not limited to, data required for order management, product display, and service personalization. Fast Bundle will use this information to provide the core functionalities of the Service, improve user experience, and offer technical support.
5.1.1. Data Minimization: Fast Bundle will only collect and process the minimal amount of Protected Customer Data necessary to fulfill the stated purposes
5.2. Data Protection: Fast Bundle agrees not to share or sell your Protected Customer Data to third parties, except as explicitly outlined in this policy. Only authorized Fast Bundle employees, bound by confidentiality obligations, will have access to this data, and access will be limited to what is necessary to provide service and support to Clients. All data processing is done in compliance with our Privacy Policy, the Shopify API License, and Terms of Use, as well as all applicable data protection laws and regulations.
5.2.1. Compliance: Data handling will comply with Fast Bundle's Privacy Policy and the Shopify API License and Terms of Use.
5.2.2. Security: We ensure that all customer data, including personally identifiable information (PII), is encrypted both at rest and in transit. For security and operational purposes, this information may be stored as anonymized IDs.
5.3. Communication from Fast Bundle: You agree that Fast Bundle employees may contact you via email and other channels you provide for service support, updates, and marketing purposes. Fast Bundle will comply with all applicable laws and regulations related to marketing communication, including any requirements to obtain consent.
5.4. Data Processing and Ownership: All data collected by Fast Bundle is processed by Fast Bundle. Fast Bundle will use this Content as described in the Privacy Policy, and to improve the Fast Bundle service. Fast Bundle acknowledges that while it processes data, the Merchant retains ownership of their Protected Customer Data and Content.
5.5. Aggregated Data and Internal Use: Fast Bundle may use collected data to create aggregated statistics for public and commercial purposes, so long as no Protected Customer Data is disclosed. Fast Bundle may also use data internally to provide support and personalized services.
5.6. Use of Non-Personal Information: Fast Bundle may use Non-Personal Information for commercial exploitation, to enhance Fast Bundle, to develop new products, for business partnerships, or public use.
5.7. Client Responsibility for Imported Data: When you import Protected Customer Data into the Service, whether about yourself or other individuals, you are solely responsible for ensuring you have the necessary permissions to collect and process that information. You must ensure that you comply with all applicable privacy laws and regulations, and that you have obtained explicit consent for us to collect and process data about your visitors and customers. You also acknowledge that it is your responsibility to respect and apply customer consent decisions. You must also respect and apply customer decisions to opt out of any data sharing and provide an opt-out option for automated decision-making processes that might have legal or significant effects.
5.7.1. Consent: You are responsible for obtaining the necessary explicit consent from your visitors for the collection and processing of their data through our services. You must respect the opt-out and data sharing decisions made by your customers.
5.8. Access to Protected Customer Data: Fast Bundle will provide you with access to your Protected Customer Data and the Protected Customer Data of your visitors, as required by applicable law, when you request it. Fast Bundle will provide this information in a structured, commonly used, and machine-readable format.
5.9. Data Deletion: You can request the deletion of your Protected Customer Data at any time by requesting termination of the Service. Fast Bundle will delete all Protected Customer Data within 30 days of the request, or according to the requirements of applicable law and the Shopify API Terms of Use. Fast Bundle will retain data only for as long as necessary for the stated purposes and in compliance with all applicable data retention requirements set forth in 8.6.
5.10. Notifications: You agree that Fast Bundle may send you notices and statements by email, post, telephone, or text message. These notifications will comply with applicable laws and regulations.
5.11. Public Use of Client Information: You agree that Fast Bundle can publish the name of your company or store for commercial purposes.
5.12. Contact After Uninstallation: You agree that after removing/uninstalling the app, Fast Bundle is allowed to contact you via the email or phone number provided at the beginning of the agreement.
5.13. Data Synchronization: You acknowledge that Fast Bundle will sync certain Protected Customer Data and Order Data collected by the application back to your Shopify store via the Shopify APIs. You understand that this is a requirement of the Shopify API License and Terms of Use.
5.14. Consent Tracking: You agree that Fast Bundle will integrate with the Shopify Consent Tracking API to ensure we respect your customers' privacy preferences.
5.15. Shopify Monitoring: You acknowledge that Shopify may monitor the use of the Shopify API and access your application.
5.16. Privacy Policy Compliance: Fast Bundle will maintain a privacy policy that complies with all applicable laws, and that describes in sufficient detail (i) the services provided by the application, (ii) the Protected Customer Data that will be accessed by the Application, (iii) how the Protected Customer Data will be used, and (iv) Fast Bundle's contact information. Fast Bundle agrees to respond to Merchant requests for information about Fast Bundle's privacy practices in a reasonable and timely manner.
5.17. Security: Fast Bundle will maintain industry-standard security measures to protect the security of the Protected Customer Data, including encryption of data at rest and in transit. This includes implementing robust physical, electronic, and managerial procedures to safeguard and secure data collected via the Fast Bundle Service.
5.18. Data Breach Notification: Fast Bundle will notify Shopify and any affected Merchants of any actual or suspected Data Breach within 24 hours of becoming aware of such an occurrence. Fast Bundle will take immediate action to remedy the breach and cooperate with Shopify to resolve the issue.
5.19. Additional Data Protection Measures (Applicable if processing Level 2 Protected Customer Data): In addition to the measures listed above, Fast Bundle will also implement the following measures if the app processes Level 2 Protected Customer Data (including name, address, phone, or email):
5.19.1. Data Backups: We will ensure that all data backups are encrypted to prevent unauthorized access.
5.19.2. Environment Separation: We will maintain strict separation between test and production environments to prevent data leaks and ensure a secure processing environment.
5.19.3. Data Loss Prevention: We have implemented a comprehensive data loss prevention strategy to protect against unauthorized extraction of data.
5.19.4. Staff Access Control: We limit staff access to Protected Customer Data and require strong passwords for all staff accounts.
5.19.5. Access Logging: We will maintain detailed access logs to Protected Customer Data, ensuring the ability to audit data access.
5.19.6. Incident Response: We have established and implemented a security incident response policy to address any security breaches or data loss events.
5.19.7. Data Retention: We apply retention periods to ensure that personal data is not kept for longer than needed.
6.1. Account Usage: The Service is to be used solely within your designated Account. You shall not attempt to provide access to the Service to others, unless explicitly agreed with Fast Bundle. This restriction also applies to sharing the user's API credentials, which must be kept secure as defined in the Shopify API License.
6.2. Prohibited Store Content: The Service must not be used in connection with any Store that promotes:
6.3. Service Integrity: You agree not to do anything or use the Service in any way that may impair the functioning, security, or safety of the Service or change its features. This also means you will not do anything to circumvent technological measures intended to prevent direct database access, or manufacture tools or products to that effect, which is also a breach of Shopify's API terms.
6.4. Geographic Restrictions: The Service is available to all users except for stores in IL.
6.5. User Responsibility: You are responsible for the consequences of any breach of these Terms or violation of related laws (including damages to Fast Bundle). Fast Bundle will not be responsible for any consequences resulting from your use of the Service, or a third party's actions, except when caused directly by a data breach originating in Fast Bundle's storage, as per our data security policies.
6.6. No Waiver: If Fast Bundle does not act immediately on a violation of these Terms, it does not mean that Fast Bundle is giving up any rights. Fast Bundle may follow up and take appropriate actions in the future.
6.7. No Exclusivity Commitment: This agreement does not impose any exclusivity commitment on you beyond the term of this agreement.
6.8. Competitive Products: You are not restricted from developing or offering competitive products or services, provided that such activities do not involve the unauthorized use of Fast Bundle’s confidential information, which is aligned with our agreement with Shopify,.
6.9. Business Activities: Fast Bundle shall not impose any restrictions on your ability to freely conduct your business, including engaging in business with any specific customers, clients, or employees, as mentioned in the Shopify API terms.
6.10. Shopify Platform: You acknowledge that the Service depends on the continued operation of the Shopify platform. Fast Bundle is not responsible for any issues arising from the Shopify platform's availability or performance.
7.1. Service Provision: The Service is provided on an "as is" and "as available" basis. While Fast Bundle endeavors to provide a reliable and functional service, you acknowledge and agree that it is your responsibility to assess the Service's suitability for your specific needs and requirements.
7.2. General Disclaimer: Fast Bundle disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, regarding the accuracy, completeness, or reliability of the Service, or its compliance with your specific requirements.
7.3. Limitation on Direct Damages: To the extent permitted by applicable law, Fast Bundle's liability for direct damages arising from your use of the Service, or Fast Bundle's negligence in providing the service, will be limited to the amount you paid to Fast Bundle for the use of the service in the twelve months prior to the claim or $100 USD, whichever is greater. This limitation will apply to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts, and this is also aligned with the liability limitations stated by Shopify for the use of their API.
7.4. User Responsibility for Authority: You acknowledge that you have the appropriate authority to use the Service and add it to your Store. Fast Bundle will not have any responsibility if it becomes clear in the future that you did not have that authority organizationally or generally to do so.
7.5. Data Responsibility: You are solely responsible for the content and data you input into the Service, and for obtaining all necessary consents and permissions for the collection and processing of data from your visitors, as stated in the privacy policy.
7.6. Fast Bundle Responsibility: Fast Bundle assumes full responsibility for liabilities arising from its direct actions in the development, maintenance, and operation of the application. This includes but is not limited to issues related to the application’s functionality, performance, security, and the handling, processing, and storage of your and your visitor’s data. Fast Bundle will ensure compliance with applicable data protection and privacy laws, and will take appropriate measures to address any data breach or security incident that occurs within our system subject to the limitation stipulated in clause 3 above.
7.7. Shopify's Liability: You acknowledge that Shopify is not liable for any defects, malfunctions, or damages arising from the use of the application, as stated in the Shopify API terms. This section also aligns with the Shopify API terms that state the developer is responsible for their application and not Shopify.
7.8. Indemnification: You agree to indemnify, defend, and hold harmless Fast Bundle, its affiliates, and its employees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your breach of these Terms, misuse of the Service, your violation of any law or regulation, or any claims by third parties relating to your use of the Service, and the handling and security of personal data. This also aligns with the indemnification clause stated by Shopify in the API terms.
8.1. Effective Date and Duration: These Terms are effective upon the Client's first access to or use of the Service and shall continue until terminated in accordance with this Section.
8.2. Client Termination: The Client may terminate this Agreement at any time by unsubscribing their Store from the Fast Bundle Service, and such termination will be effective immediately.
8.3. Plan Expiration: This Agreement will automatically terminate upon the expiration of the Client’s subscription Plan, unless the Client renews their subscription for the Service before the plan expires.
8.4. Fast Bundle's Right to Terminate: Fast Bundle may terminate this Agreement and the Service provided to the Client in any of the following cases:
8.4.1. The Client materially breaches any part of these Terms, including but not limited to violations of data privacy or security, misuse of the service, or failure to pay applicable fees, or if the Client's actions indicate that they are unwilling or unable to substantially comply with these Terms.
8.4.2. Fast Bundle is required to do so by applicable law, regulation, or court order, including, but not limited to, if the service or any portion of it becomes illegal or in violation of any applicable law.
8.4.3. Fast Bundle reasonably determines that providing the Service to the Client is no longer commercially viable, due to changes in cost, market conditions, or other economic factors, and where such factors significantly affect the commercial viability of providing service to the Client.
8.4.4. Fast Bundle is unable to secure or maintain access to essential services from third-party providers, which are required to provide the Service to the Client.
8.5. Suspension, Notification, and Objection: In the event that Fast Bundle suspends the Service due to any of the reasons outlined in subsection 4, Fast Bundle will notify the Client via email, stating the reason for the suspension and any required actions for reinstatement.
8.5.1. The Client may submit a written objection to the suspension within fifteen (15) days of the email notification. The objection must include a detailed explanation of the grounds for objection, along with any supporting documents.
8.5.2. Fast Bundle will review the objection and respond within fifteen (15) days with a decision. If Fast Bundle's decision is to uphold the suspension, the Agreement will be terminated, and the Client’s Content will be rendered unreachable subject to clause. If Fast Bundle's decision is to reinstate the Service, the service will be restored and a new termination date may be determined.
8.6. Data Handling Upon Termination: Upon termination of the Agreement:
8.6.1. Fast Bundle will retain the Client’s data for a period of thirty (30) days following the termination. During this period, the Client may request a copy of their data in a structured and commonly used format.
8.6.2. After the thirty (30) day period, Fast Bundle may permanently delete all of the Client’s data from its systems, in accordance with the data retention policy described in Section 05.
8.7. Consequences of Termination: Upon termination or expiration of this Agreement:
8.7.1. All licenses granted to the Client herein shall immediately terminate, and all rights granted to the Client to access or use the Service will cease.
8.7.2. The obligations of the parties that, by their nature, should survive termination or expiration of this Agreement will continue, including but not limited to: confidentiality, indemnification, limitations of liability, and any payment obligations that accrued before the termination date.
8.8. Shopify API Compliance: The Client acknowledges and agrees that Fast Bundle is responsible for informing them of the risks associated with the suspension or termination of the API access, in line with the Shopify API Terms of Use.
9.1. Fast Bundle Ownership of Service IP: All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, related to Fast Bundle, its website, plugin, and application (collectively, the “Service IP”) are and will remain the sole and exclusive property of Fast Bundle. The Client's use of the Service does not grant the Client any ownership or license rights in the Service IP, except as expressly provided in this Agreement.
9.2. Fast Bundle's Right to Transfer Service IP: Fast Bundle reserves the right to transfer all or any part of its rights, assets, or property in the Service IP to any third party, at any time, and in any manner. In the event of a transfer of ownership or control of the Service IP or any part thereof to a new owner or controlling party, any data provided by Clients will be transferred along with that part of the business, and the new owner or controlling party will, under the terms of this Agreement, be permitted to use the data for the purposes for which it was originally supplied to Fast Bundle. Any such transfer will remain compliant with all relevant data protection laws and the current privacy policy of this agreement.
9.3. Client Ownership of Data: The Client remains the owner of all Personal Information and all Content (including texts and content created within the Service as mentioned in Section 01) collected from their Store or provided by them through the Service, and Fast Bundle does not claim any ownership of this data processed or stored through the Service. The client is responsible for making sure that their content doesn't infringe on any copyright or intellectual property laws.
9.4. Transfer of Rights and Obligations Upon Store Ownership Change: By transferring the ownership of their Store, the Client acknowledges that all rights and obligations of these Terms will automatically transfer from the previous owner to the new owner.
9.5. Client's Use of Fast Bundle IP: The Client may use the Fast Bundle name solely to identify their use of the Service, and must not claim any ownership or rights to the Service IP. The Client may not use any of the Fast Bundle logos or other trademarks without the express written consent of Fast Bundle.
9.6. Shopify's Intellectual Property: The Client acknowledges that the Service operates on the Shopify platform and that Shopify Inc. owns all rights to its platform, including its API, and all related intellectual property. The client agrees to comply with all applicable Shopify terms, including, but not limited to, the Shopify API License and Terms of Use, and acknowledges that their use of the Shopify API is subject to such terms. Any use of Shopify's trademarks must comply with the requirements set forth by Shopify, and is the sole responsibility of the client.
9.7. Shopify API Compliance: The client’s use of the Shopify API is subject to the Shopify API License and Terms of Use, which are incorporated by reference into this Agreement.
9.8. Data Transfer: In the event of a transfer of rights to a new Store owner, the data of the previous Store owner will be transferred under the same privacy policy as was in effect prior to the change of ownership, and the previous owner will be given the ability to request a transfer or deletion of their data before it is transferred to the new owner.
10.1. Fast Bundle's Right to Modify Terms: Fast Bundle may modify the Terms and may discontinue or change any aspects of the Services at its sole discretion (on a prospective basis). Fast Bundle will provide adequate written or electronic notice to the client of any material changes, with the posting of new terms on the Fast Bundle site constituting effective electronic notice in line with the clause 2.5.
10.2. Client's Option to Terminate: If a client uses the service and does not agree to the changes, they may terminate the subscription within 7 days of the changes becoming effective.
10.3. Client's Responsibility to Review: Clients should review the Fast Bundle site regularly to be aware of changes. The use of the service by the client is acknowledgment that they have accepted the updated Terms.
10.4. Severability Clause: If any provision of the Terms is held to be unenforceable, it will be reformed to the extent necessary to make it enforceable, or it will be ignored, and the remainder of the Agreement will remain in effect.
11.1. Independent Contractors . The parties to the Terms are independent contractors. Neither party is an agent, representative, or related entity of the other party. Neither party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other party. The Terms shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
11.2. Non-Exclusivity . Nothing in the Terms is intended to create, nor shall it be construed as creating, any exclusive arrangement between the parties to the Terms. The Terms shall not restrict either party from entering into similar arrangements with others, provided it does not breach its obligations under the Terms by doing so, including any confidentiality obligations.
11.3. Notice. Any notice, approval, request, authorization, direction, or other communication under the Terms shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally, or by email to the Client’s email address listed in their account, and to Fast Bundle’s official email address; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid, to the address provided in the Client's Account, and for Fast Bundle to its official address.
11.4. No Waiver . The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right under the Terms shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving party.
11.5. Entire Agreement. These Terms, including all guidelines, and other documents linked or otherwise incorporated or referenced herein, set forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof (including any prior version of the Terms).
11.6. Assignment . All the terms and provisions of the Terms shall be binding upon and inure to the benefit of the parties to the Terms and to their respective heirs, successors, permitted assigns, and legal representatives. Fast Bundle shall be permitted to assign these Terms without notice to or consent from the Client. The Client shall have no right to assign or otherwise transfer the Terms, or any of its rights or obligations hereunder, to any third party without Fast Bundle's prior written consent, to be given or withheld in Fast Bundle's sole discretion.
11.7. Applicable Laws . The Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. Any dispute or claim arising out of or in connection with the Terms shall be submitted to mediation at the London Arbitration Centre. If mediation does not resolve the dispute within 60 days, the dispute shall be submitted to final and binding arbitration at the London Arbitration Centre. The arbitration shall be conducted in accordance with the rules of the London Arbitration Centre. The decision of the arbitrator(s) shall be final and binding on all parties.
11.8. Patent Non-Assertion . Client and its affiliates covenant not to assert patent infringement claims against Fast Bundle, Fast Bundle Related Entities, or Fast Bundle products and services.
11.9. Competitive or Similar Materials . Fast Bundle is not precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing, or developing for or by third parties, as well as marketing and distributing materials, products or services which are competitive with Client's products or services, including any Application, regardless of their similarity to Client's products or services, provided that Fast Bundle does not use Client's Confidential Information in so doing.
11.10. Surviving Provisions . This Section 11 and the following articles shall survive any termination or expiration of the Terms: Section 1 (Definitions) Section 4 (Pricing and Payment) Section 5 (Data and privacy) Section 7 (Limitation of Liability) Section 9 (Intellectual property rights) In addition, any provisions of the Terms that by their nature are intended to survive, will survive termination.
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