BooksCloud App Terms of Service

A. Definitions

Terms not defined in this section shall have the meaning provided elsewhere in the BooksCloud App Terms of Service.

• “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “BooksCloud App Terms of Service,”), the splitShops Terms of Service and all other operating rules, policies, including the Privacy Policy and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
• “Content” refers to content featured or displayed through the Website and App, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
• “Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.
• “Fulfilled Orders” refer to Orders that have been completed and shipped.
• “Orders” refer to Your Products once they have been purchased by You or Your customers.
• “Products,” refers to all products offered on our Website including, but not limited to books.
• “Providers,” refers to the organizations and companies, including publishers and fulfillment services, that BooksCloud partners with within the scope of its Service to offer Products to You.
• “Sales Channels,” or “Stores” refer to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify or Woocommerce.
• “Us” and/or “We” and/or “BooksCloud” and or “splitShops” refer to splitShops, Inc. and BooksCloud, a DBA of splitShops Inc., as well as our affiliated legal entities, subsidiaries, directors, contractors, licensors, officers, agents, and employees. BooksCloud reserves the right to and may provide Services to you through various splitShops legal entities depending on multiple factors, such as, but not limited the product’s location, your location, the region in which the transaction takes place and others.
• “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
• “Website” refers to BooksCloud websites located at bookscloud.io and splitshops.com and all content, services and products provided by BooksCloud and  splitShops through the Website. It also includes splitShops-owned subdomains of splitShops.com, such as booksby.splitshops.com, and the use of future and current BooksCloud plugins, such as those available in the Shopify App store and Woocommerce extensions. Occasionally, BooksCloud plugin pages and websites owned by BooksCloud may provide additional or different terms of service. If those additional terms conflict with these BooksCloud App Terms of Service, the terms in the additional terms with regard to the matter in conflict shall apply.
• “Your Content” is Content that you create or own.
• “Branding Element” refers to an element printed on demand and added to the Order, such as, a return address, packaging or other.
• “Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as: (a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises; (b) forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud; (c) fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment; (d) engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes. (e) any other acts or practices that are considered unlawful under applicable laws and regulations.
• “BooksCloud Pop-Up Shop” refers to BooksCloud service, which allows You to select Products on a dedicated section of BooksCloud e-commerce store that is hosted by splitShops.com and BooksCloud.io. and their subdomains.
• “BooksCloud Branding” refers to BooksCloud Service enabling You to send a customized Branding Element to the Customer.
• “Your Pop-Up Store” refers to the section dedicated to you in the e-commerce store hosted by BooksCloud that you create by using BooksCloud' Pop-Up Shop Service.

B. General

1. When You use Our Services and Content, You are agreeing to:
   1. Our Terms of Service
   2. Our BooksCloud App Terms of Service
   3. Our Privacy Policy
   4. Any other terms or policies we reference below.
2. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between BooksCloud and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between BooksCloud and You in relation to the access to and use of the Service.
3. If any provision of these BooksCloud App Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Questions about the BooksCloud App Terms of Service? Contact us.

C. When do these terms apply?

By using the Service, You acknowledge that You accept and agree to be bound by these BooksCloud App Terms of Service. If You do not agree to these BooksCloud App Terms of Service, You may not access the Service, and if You are already registered, cancel Your account.

D. Can these terms be modified?

BooksCloud reserves the right to revise the BooksCloud App Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the BooksCloud App Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the BooksCloud App Terms of Service will constitute your acceptance of such modification. If You do not agree to the new BooksCloud App Terms of Service, You should stop using the Service and cancel Your account.

E. What is the scope of BooksCloud's Services?

BooksCloud is an online marketplace for Product dropshipping. We partner with various Providers to offer You Products that You curate and sell to Customers. We also maintain and create integrations with different Sales Channels so that Products you curate can be easily published to your Stores. When Products you curate are purchased by Customers through a Sales Channel, We are notified and We work with Providers who deliver Your Products to the Customers.

As the provider of the Service, BooksCloud does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Products. Providers alone are responsible for their Products, the quality of the products and delivery of Your Product. If you have an issue with the Product, please see Section J below.

If You choose to use the Service to sell Your Products, Your relationship to BooksCloud is limited to being that of a client and not an employee, agent, joint venturer, or partner of BooksCloud for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit, of BooksCloud.

While We facilitate the resolution of disputes and provide necessary guidelines for the fulfillment of Your Products, BooksCloud has no control over and does not guarantee the quality of Your Product. Nor do we make any promises that Your Product will look like the Product image. Publishers change the design and format of their products. Users are expected to do their own due diligence in selecting the most suitable Products.

BooksCloud may give You access to link to various external resources or third-party services (“Third Party Sites”). BooksCloud does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Sites may be governed by their own terms of service and policies. BooksCloud is not liable or responsible for the accuracy of such services or their content, or products, and You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.

Due to the nature of the Internet, BooksCloud cannot guarantee uninterrupted access and availability of the BooksCloud Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the BooksCloud Service. BooksCloud can improve or modify its Service and may introduce new offerings from time to time.

F. Who can access BooksCloud and use the Service?

1. You must be at least 18 years old and able to access and use the Service or to create a BooksCloud account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
2. If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this BooksCloud App Terms of Service and bind the entity to these BooksCloud App Terms of Service, and that you agree to these BooksCloud App Terms of Service on the entity’s behalf.
3. The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these BooksCloud App Terms of Service and the terms and conditions applicable to a specific area or feature of the BooksCloud Service, the more specific terms and conditions will apply, unless specified otherwise.
4. To use our Service, You have to register an account. Details on how to do so are provided in the next section.
5. You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.

G. What are the rules for creating and maintaining an account?

1. To create a BooksCloud Account You may be required to provide BooksCloud with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with BooksCloud’s Privacy Policy. You agree that You will supply accurate and complete information to BooksCloud, and that You will update that information promptly after it changes. You further agree that:
   1. You shall not create an account or access the Service if You are under the age of 18;
   2. You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
   3. You shall not have an account or use the Service if You have been previously removed by the BooksCloud;
   4. We may reject your registration or cancel an existing registration for any reason at our sole discretion.
   5. We will use the email address you provide as the primary method of communication.
   6. Any harassment or insult towards BooksCloud employees may result in immediate account termination.
2. You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify BooksCloud if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your BooksCloud Account. You are solely responsible for any and all activities performed through your BooksCloud account. BooksCloud will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard username and password information and/or promptly notify BooksCloud about unauthorized use of your account or breach of your account information or password.
3. BooksCloud expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time from your account. Before proceeding with terminating your account, make sure that you have disconnected your store from the respective sales channels, unsubscribed from the business plan and removed your registered credit card. Cancelling your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
4. You represent and warrant that you shall not conduct any Illicit Activity against BooksCloud or any third party, including when using BooksCloud Service or in your sales process to your own customers. BooksCloud is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Client” documentation, as well as conduct an interview to verify and ensure compliance of BooksCloud Terms. BooksCloud is at all times entitled at its sole discretion to suspend the provision of BooksCloud Service entirely or in part, as well as withhold any sums payable by BooksCloud to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the Terms.

H. What are your rights to content on BooksCloud?

1. BooksCloud grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service and our content for Your own individual use subject to the other terms of this BooksCloud App Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by BooksCloud.
2. BooksCloud allows You to upload and post Content to our Website. You retain all rights in, other than the rights expressly granted to BooksCloud below and any that you may grant to your Customers, and are solely responsible for Your Content.
3. You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it. You will provide BooksCloud with evidence of Your Intellectual Property Rights shall it be requested by BooksCloud. By posting Content, You accept those terms as well.  If You believe that someone has improperly used Your copyrights or trademarks, please report it to us.
4. By using the BooksCloud Service, You grant BooksCloud a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the BooksCloud Service.
5. As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these BooksCloud App Terms of Service. You are responsible for all of your activity in connection with the Service and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Services (including the provision of Your Content), purchase of Products, and marketing, sale, and support of Customers who purchase Your Products. You represent and warrant that
   1. You shall not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights or our content to the Service.
   2. You shall not modify, reverse engineer, decompile or disassemble the Service
   3. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of BooksCloud.
   4. You shall not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these BooksCloud App Terms of Service.
   5. You shall not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
   6. You shall not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
   7. You shall not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
   8. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
   9. You shall not use your Account to engage in any illegal conduct.
   10. You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
   11. You shall not make any representations or warranties concerning the Products beyond what is permitted or expressly authorized by the Provider of such Products.
   12. Any such forbidden use shall immediately terminate Your license to the Service.
6. BooksCloud may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our BooksCloud App Terms of Service or policies or is reported to be infringing on intellectual property rights of others. BooksCloud is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
   1. Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
   2. Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
   3. Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status, promotes crimes and/or terrorism.
   4. Illegal Content: You may not post or upload Content that is obscene or that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
   5. Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
   6. Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
   7. Self-Harm: You may not post or upload Content that promotes self-harm.
   8. Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
7. When You use the Service, BooksCloud reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.

Due to the nature of the Internet, BooksCloud cannot guarantee uninterrupted access and availability of the BooksCloud Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the BooksCloud Service. BooksCloud can improve or modify its Service and may introduce new offerings from time to time.

I. How do payments work on BooksCloud?

1. Unless Users subscribe to the BooksCloud Premium Plan, there are no fees or charges for the platform itself.
2. To order samples of Your Products or to fulfill any Customer Orders, You must pay for the Order in advance. The price You pay will be the price of the Product plus shipping and taxes (if applicable). These prices can be found in the BooksCloud Catalog and will include a shipping fee. Orders will not be processed until payment has been received by BooksCloud.
3. BooksCloud cannot pull funds that you may have available in any Sales Channel. In order to process payments on BooksCloud , You need to either have funds on your BooksCloud balance or have your BooksCloud account connected with an accepted method of payment. By default, BooksCloud will charge funds for Orders from an existing BooksCloud balance first, and if there is a remaining balance due then BooksCloud will charge the funds via the method of payment connected to your BooksCloud account.
4. BooksCloud charges Users when Orders are placed. Users have the option to change their settings to adjust how often Orders are sent to production and whether BooksCloud charges per Order or for multiple Orders together. 
5. If you have an issue with your order, contact BooksCloud before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are Order issues and after an investigation BooksCloud offers you a refund, this will be provided in the form of a BooksCloud credit or a credit to your credit/debit card and will appear in your BooksCloud balance.
6. Once a user withdraws funds from their BooksCloud Balance it will be sent to the same payment source where it initially came from, whether it is a credit/debit card, PayPal or another payment method allowed under these BooksCloud App Terms of Service. For example, if a top-up is made via PayPal, withdrawal can only be made to the same PayPal account. In case the initial payment was made with a card, the BooksCloud balance withdrawal will take place in the form of a credit/debit card full or partial refund.
7. Users are responsible for paying any necessary sales tax on their transactions. Because of the nature of dropshipping businesses, taxes differ depending on who sells the Product, and where it is delivered. BooksCloud recommends that You consult with an outside tax accountant.
8. Products will not be shipped outside the United States. 
9. BooksCloud reserves the right to and may process and receive payments from you, as well as issue invoices to you from various BooksCloud legal entities.

J. How does BooksCloud handle order related issues?

1. BooksCloud does not hold any inventory and does not perform any of the fulfillment of any of the Products. Other than issues caused by technical error, we are not responsible for the quality of Fulfilled Orders. The quality of the product is dependent on the Provider. However, if your order has issues, steps for resolution are outlined below.
2. BooksCloud' Merchant Support team handles all conflict resolution on behalf of our Providers. Users agree to contact BooksCloud Merchant Support for all conflict resolution. If the Order does not meet User or Customer expectations, Users must first contact BooksCloud Merchant Support within 14 days of product delivery and will not contact Providers. In order to best resolve the matter, the User should provide all relevant materials for BooksCloud to investigate the issue, including, the order number, a description of the Order, the issue, and quantity of Products affected. If a User contacts the Provider directly, the User risks account suspension at BooksCloud's sole discretion
3. Products are non-refundable, unless the wrong product was shipped or the item was damaged before receipt by the Customer and User contacts BooksCloud's Merchant Support and submits such product within 14 days. By submitting an Order, you acknowledge that the Order execution or Order contents (products, shipping method, delivery and return addresses) cannot be further modified.  If the shipment details are incorrect, or if the Customer Ordered the product, BooksCloud can not be held responsible. The Merchant is responsible for relaying the correct information from the Merchant’s Customers.
   You may submit requests for change of certain Order details, including address change or delivery method change. Our Merchant Support team will evaluate the request and at its discretion will let you know whether it is possible to accommodate your request and/or whether your request carries any additional costs.
   After an Order is placed BooksCloud cannot guarantee that it will be possible to issue a full or partial Refund in case of canceled Orders.  Upon receiving a cancellation request, BooksCloud will determine whether your cancellation is eligible for a full or partial Refund depending on the stage of the fulfillment of the Order.
4. The Fulfillment times listed on the Website are estimated average times and are in no way guaranteed. If Your Order seems to be taking an unusually long time to be produced or delivered, please contact BooksCloud's Merchant Support team. If the Produced Order is lost during Shipment, BooksCloud will investigate and may provide replacements when appropriate.
5. After investigating your issue, if BooksCloud's Merchant Support team determines that your product is faulty, the Order or line items will be replaced or refunded at the discretion of BooksCloud. Refunds will be issued in the form of credit to Your BooksCloud balance.
6. BooksCloud does not provide Refunds for Orders still in transit, unless they are deemed lost by our Merchant Support team.
7. The merchant is responsible for ensuring that the specified delivery address for each and every Order is valid and accurate. If a delivery of an Order is incomplete due to an invalid or incorrect address, the Merchant can either request a reshipment or cancellation of the order. Costs associated with reshipment of the Order and/or cancellation shall be borne by the Merchant.
8. If an order has not been delivered in 30 calendar days, merchants should contact BooksCloud's Merchant Support within 1 week in order to be eligible for a refund.
9. If tracking of an Order states that it has been delivered, yet the Merchant or the Customer reports it as not received, BooksCloud reserves the rights to refuse a Refund. Such cases will be individually investigated by the Merchant Support team.
10. An Order can be delayed due to delays from shipping carriers. BooksCloud cannot guarantee precise delivery dates on shipping, as it is dependent on the shipping carriers. Consequently, BooksCloud assumes no liability associated with delay and does not offer any Refunds caused by shipping delays, unless our Merchant Support team determines that the package was lost in-transit.
11. BooksCloud reserves the right to refuse a request for Refund, if the reasons for the complaint are due to the following: limitations of the product, and/or any other reason not eligible for a Refund. Such requests will be dealt on a case-by-case basis.

K. Can you use BooksCloud's image and name?

1. BooksCloud.io, splitshops.com, and other BooksCloud and splitShops graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, or trade dress of BooksCloud that may not be used in connection with any Product or service without the prior written consent of BooksCloud. The images and icons available in our brand and press kit may be used by partners and third party sites as long as the appropriate links to the BooksCloud Website are included. BooksCloud reserves the right to request removal of Your use of the images and icons at any time.
2. Merchants are not prohibited from accurately disclosing, if asked, that they have used BooksCloud's Services.

L. Limitation of liability

1. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BooksCloud, ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, COPYRIGHT, TRADEMARK, PATENT, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO BooksCloud OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE OF OR INABILITY TO USE THIS SERVICE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING PROVIDERS, (d) ANY OTHER MATTER RELATED TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. You agree to indemnify and hold BooksCloud and, its parent, subsidiaries, affiliates, partners, and Providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these BooksCloud App Terms of Service, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder, (c) your violation of any law or the rights of a third party, even due to the content provided by BooksCloud, (d) you failure to immediately remove content subject to filing of a Digital Millenium Copyright Notice, (d) your failure to inform BooksCloud that such notice has been filed, or (e) your filing of a counter-notice to a Digital Millenium Copyright Notice.
3. Warranty Disclaimers.
   • BooksCloud controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. BooksCloud, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
   • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BooksCloud OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
   • YOU ACKNOWLEDGE AND AGREE THAT BooksCloud IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BooksCloud LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.
   • BooksCloud MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY A PROVIDER.

M. What if I have legal issues with BooksCloud?

1. If a dispute arises from or relates to these BooksCloud App Terms of Service, You agree to first contact BooksCloud's Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the BooksCloud App Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
2. To the extent any claim, dispute or controversy regarding BooksCloud or our Service isn’t arbitrable under applicable laws or otherwise, You and BooksCloud both agree that any claim or dispute regarding BooksCloud will be resolved exclusively in accordance with Clause Number 3 of these BooksCloud App Terms of Service.
3. These BooksCloud App Terms of Service shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts of United States District Court for the District of Delaware, for any actions not subject to Arbitration as outlined in Clause Number 1 herein.
4. Further, to the fullest extent permitted by law, You and BooksCloud agree that no class or collective actions can be asserted in arbitration, court or otherwise. All claims, whether in arbitration, court or otherwise, must be brought solely in Your or BooksCloud individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.

N. BooksCloud Premium plan

1. Recurring Subscription
   1. By subscribing to the BooksCloud Premium Plan, you will receive discounts of up to 10% on all BooksCloud products and the subscription will continue month-to-month or year-to-year until cancellation or termination. You must cancel your subscription before it renews each month/year in order to avoid billing for the next subscription period. 
   2. Before you subscribe to the Premium plan, you will be able to preview and compare both prices. After subscribing, the Premium plan prices will be the only prices displayed to you throughout the catalog. All visible prices from this point forward will have  the Premium plan discount applied.
2. Billing
   1. When subscribing to BooksCloud Premium, you must either maintain sufficient funds in your BooksCloud balance or have a valid payment method linked to your BooksCloud account (e.g., credit or debit card). You can set either as your preferred payment method for the subscription. If your preferred method cannot cover the full subscription amount or fails, the remaining amount will be automatically charged to the other available payment method. We will attempt this up to three times. If all attempts are unsuccessful, your subscription will be canceled.
   2. By initiating your subscription, you authorize us to charge both your preferred and alternative payment methods as may be necessary to collect the full subscription fee. You acknowledge that the amount charged may vary due to factors such as promotional offers or changes to your subscription plan. You authorize us to charge you for any such adjusted amounts.
   3. BooksCloud reserves the right to adjust the pricing of our services or any components thereof at any time and in any manner at its sole discretion. Any price changes affecting your subscription will take effect after you receive prior notice via email. You may choose to cancel your subscription before the new pricing takes effect. If you do not cancel, you agree to the new pricing.
   4. The subscription fee will be charged immediately, and the charges will automatically renew on a monthly basis for monthly subscriptions, or annually for yearly subscriptions, unless you cancel the subscription beforehand. By subscribing, you provide explicit consent to the auto-renewal of your subscription. You may cancel your subscription at any time to prevent future charges. No additional charges will apply following cancellation, but refunds for the current billing cycle are not available.
   5. We will automatically charge you each month or year on the calendar day corresponding to the start date of your subscription. If a payment is declined, we reserve the right to adjust the timing of the charge. If your subscription begins on a day that does not recur in a particular month, we will charge your payment method on a date we determine to be appropriate. For example, if your subscription starts on August 31, the next charge will likely occur on September 30.
   6. If you switch from an active monthly subscription to a yearly subscription, your monthly subscription will be terminated immediately, and the yearly subscription will begin from the date of the switch. The cost for any unused days from your monthly subscription will be proportionally deducted from the yearly subscription fee. For example, if you switch halfway through the month, you will be charged the yearly subscription fee of $299.88, minus the unused portion of the monthly fee ($14.50 for half of the month), resulting in a billed amount of $285.38.
   7. Subscription terms and conditions may vary depending on your location to ensure compliance with local laws. Where required, BooksCloud will comply with applicable consumer protection regulations, and specific rights may be granted based on the jurisdiction in which you reside.
3. Cancellation
   1. SUBSCRIPTION FEE CHARGES ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDIT FOR PARTIALLY USED SUBSCRIPTION PERIODS. After a cancellation, you will continue to have access to the discounts throughout the end of your billing cycle.
   2. To cancel your subscription, access the Payment section by clicking on the setting icon on your account page. After cancelation, the subscription will be active until its expiration date but will not be auto-renewed.
   3. Please note that you must unsubscribe before the next billing cycle to avoid charges for the following month or year. BooksCloud Subscription fee charges cannot be refunded.
   4. BooksCloud Premium does not automatically get cancelled when you disconnect your BooksCloud store or uninstall the BooksCloud app. It must be manually canceled from the Payment section to stop all subscription charges.