Terms of Service Agreement

1. Acceptance, Definitions, and Scope

This agreement is between you (the "Client," "User," or "You") and Empx Automations ("Company," "we," "our," or "us").

• Service: Refers exclusively to the automated, one-time creation and transfer of a functional Shopify e-commerce store template, complete with initial product listings, basic configuration, and necessary access credentials.
• Effective Date: The date you complete payment for the Service.
• **Incorporated Policies:** The Privacy Policy and the Strict Refund Policy are integral parts of these Terms.

2. Client Obligations and Prohibited Conduct

• Accuracy of Information: You warrant that all information (name, email, niche preference) provided to facilitate the store build is accurate, complete, and true. Failure to provide accurate information leading to delays or an unusable store is solely your responsibility.
• Payment: You must complete payment promptly. Any payment dispute or chargeback initiated without first following our Strict Refund Policy (Section 4.3 of the Refund Policy) will be considered a breach of this Agreement.
• Lawful Use: You agree **not** to use the delivered Shopify store for any illegal purpose, or for the sale of prohibited items (e.g., adult content, illegal drugs, weapons, hate speech) as defined by Shopify’s and all relevant governing laws.
• Indemnification: You agree to defend, indemnify, and hold harmless Empx Automations from any claims, damages, liabilities, and expenses arising out of your unlawful use, content posted, or operation of the delivered store.

3. Service Delivery, Acceptance, and Scope Limitation

• Delivery Standard: The Service is completed and considered delivered when full administrative access to the Shopify store is transferred to the email provided by the Client.
• Delivery Timeframe: Delivery is an estimate, typically within **24 hours**. This timeframe is not a guarantee and is contingent upon:
  • Successful and verified payment processing.
  • Receipt of all necessary client information (store niche, etc.).
  • Absence of unforeseen technical delays or system maintenance.
• Service Scope Limitation: Our service includes the initial build only. It **does not** include ongoing business consultancy, marketing advice, traffic generation, technical maintenance after delivery, or assistance with Shopify/payment gateway applications.
• Acceptance: By logging into the store or making any modification, the Client accepts the Service as delivered.

4. Intellectual Property and Content Responsibility

While Empx Automations uses commercially available or open-source elements, we cannot guarantee the complete legality of every asset, image, or product description generated by automation in every jurisdiction.

• Transfer of Ownership: Upon successful delivery, full ownership of the *configured store* is transferred to you.
• IP Warranties: You acknowledge that the store is built using **generic, royalty-free, or basic stock content and products**. You are solely responsible for ensuring that all product descriptions, images, logos, and content you choose to use or retain on the store **do not infringe** on the intellectual property, copyright, or trademark rights of any third party.
• License for Review: You grant us a temporary, non-exclusive, royalty-free license to access your store for the sole purpose of delivery and verification of technical issues within the first seven (7) days post-delivery.

5. Disclaimers, Warranty Limitation, and Liability Cap

5.1 Warranty Disclaimer (AS-IS Service)

THE SERVICE IS PROVIDED ON AN **“AS IS”** AND **“AS AVAILABLE”** BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE STORE WILL BE PROFITABLE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.

5.2 Limitation of Liability (Crucial Term)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Empx Automations BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, PROFITS, BUSINESS, OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE.

• Our maximum aggregate liability for any claim arising out of or related to this Agreement shall **not exceed the total amount actually paid by you for the specific Service in question**.
• Our responsibility **absolutely terminates** upon the successful delivery of the Shopify store to the client's provided email address.

6. Governing Law and Mandatory Arbitration

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of **[Insert Governing Jurisdiction Here, e.g., The State of Texas, USA]**, without regard to its conflict of law provisions.
• Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by **binding arbitration** in **[Insert Specific City/County for Arbitration]**.
• Waiver of Class Action: You agree to resolve disputes only on an **individual basis** and waive any right to bring any claim as a plaintiff or class member in any purported class, consolidated, or representative action.

7. Termination

We reserve the right to immediately suspend or terminate your access to our website and services, without prior notice or liability, if you breach any part of these Terms, particularly those relating to payment, fraud, or misuse.