Badger Commerce Terms of Service

Last Updated: 5th September 2025

1. Introduction

Welcome to Badger Commerce. These Terms of Service ("Terms") govern your access to and use of Badger Commerce's services, including our website, products, and applications (the "Services"). Please read these Terms carefully.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, then you may not access the Services.

2. Definitions

• "Badger Commerce," "we," "us," or "our" refers to Badger Commerce Limited.
• "Platform" means the Badger Commerce e-commerce platform.
• "User," "you," or "your" refers to individuals or entities using our Services.
• "Merchant" refers to users who create and manage online stores using our Platform.
• "Customer" refers to individuals who purchase products from stores hosted on our Platform.

3. Eligibility

To use the Services, you must be at least 18 years old and capable of forming a binding contract. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

4. Account Registration

1. To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party.

5. Acceptable Use

1. You agree not to use the Services:

   • For any unlawful purpose or to solicit the performance of any illegal activity.
   • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
   • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
   • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate.
   • To submit false or misleading information.
   • To upload or transmit viruses or any other type of malicious code.
   • To collect or track the personal information of others.
   • To spam, phish, pharm, pretext, spider, crawl, or scrape.
   • For any obscene or immoral purpose.
   • To interfere with or circumvent the security features of the Services.

2. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

6. Merchant Specific Terms

1. Product Listings: Merchants are responsible for ensuring that their product listings comply with all applicable laws and regulations.

2. Prohibited Items: Merchants may not list or sell items that are illegal, counterfeit, stolen, or violate any intellectual property rights. Additionally, the following categories of items are prohibited:

   • Firearms, weapons, and illegal drugs
   • Pornographic material
   • Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime

3. Taxes: Merchants are responsible for collecting and remitting any applicable taxes associated with their sales.

4. Customer Service: Merchants are responsible for providing customer service to their customers and resolving any disputes.

7. Fees and Payment

1. Merchants agree to pay all fees associated with the use of our Services. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

2. We may change our fees at any time. We will provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively.

8. Intellectual Property

1. The Services and their original content, features, and functionality are and will remain the exclusive property of Badger Commerce and its licensors.

2. Merchants retain all rights to the content they upload to the Platform.

9. Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

10. Limitation of Liability

In no event shall Badger Commerce, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.

11. Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied.

12. Governing Law

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

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes to these Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

By using Badger Commerce, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.