Terms and Conditions

1. Definitions

In these Terms, the following definitions apply unless the context requires otherwise.

• "Account" means a registered user profile on yourshop.africa.
• "Merchant" means a user who creates and operates a shop using the Platform.
• "Customer" means an end customer who purchases from or interacts with a Merchant shop.
• "Content" means text, images, product data, messages, and other materials uploaded or transmitted through the Platform.
• "Subscription" means a paid plan or recurring service tier providing access to Platform features.
• "Wallet" means prepaid balance or credits associated with a Merchant account, where offered.
• "Shop payments" means payments collected by Merchants from Customers via integrated methods such as Stripe, PayPal, or cash on delivery (COD).
• "Affiliate program" means our referral or partner program that rewards eligible participants for qualified referrals.
• "Third-party services" means external providers integrated with the Platform, including FastSpring, Stripe, PayPal, WhatsApp, and Crisp.

2. Acceptance of Terms

By registering for an Account, clicking to accept these Terms, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you use the Services on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, you must not access or use the Services.

We may offer additional terms for specific features, beta programs, or promotions. Those terms supplement these Terms and prevail in case of conflict for the relevant feature.

3. Accounts and Registration

To use most Platform features, you must create an Account and provide accurate, complete, and current information. You must promptly update your information if it changes.

You are responsible for safeguarding your login credentials and for all activity under your Account. Notify us immediately at [email protected] if you suspect unauthorised access.

We may use WhatsApp one-time passwords or other verification methods to confirm your identity during registration or login. Standard messaging rates from your carrier may apply.

We reserve the right to refuse registration, suspend, or terminate Accounts that violate these Terms, pose security risks, or are used fraudulently or unlawfully.

One person or entity may not maintain multiple Accounts to evade limits, fees, or enforcement actions unless expressly permitted by us in writing.

4. Merchant Obligations

If you operate a shop on yourshop.africa, you are solely responsible for your business, products, pricing, fulfilment, customer service, and compliance with all laws applicable to your sales activities.

You must provide clear and accurate information to Customers, honour orders in accordance with your stated policies, and handle returns, refunds, and disputes in a fair and lawful manner.

You are the controller of Customer personal data collected through your shop and must publish a privacy notice, establish lawful bases for processing, and respond to Customer rights requests unless we are required to act directly.

You must not sell prohibited, illegal, counterfeit, dangerous, or restricted products, or use the Platform for deceptive, misleading, or harmful practices.

You indemnify us against claims, losses, and expenses arising from your shop content, products, Customer interactions, or breach of these Terms or applicable law, to the extent permitted by law.

5. Platform Services

yourshop.africa provides tools for Merchants to create online shops, manage catalogues and orders, communicate with Customers through web, WhatsApp, and bot channels, and configure payment and delivery options supported by the Platform.

We may modify, improve, or discontinue features from time to time. Where reasonably practicable, we will provide advance notice of material changes that adversely affect core functionality paid for under an active Subscription.

The Platform is provided on an "as available" basis. Scheduled maintenance, updates, and events beyond our reasonable control may cause temporary interruptions.

We do not guarantee specific commercial results, traffic levels, or sales outcomes from use of the Platform.

Support is provided through channels we make available, which may vary by Subscription tier.

6. Subscriptions, Billing, and Wallet

Access to certain features requires a paid Subscription. Plan details, limits, and pricing are displayed on the Platform or in order flows and may change for new purchases with notice as required by law.

Subscriptions and wallet top-ups are processed through FastSpring or other designated billing partners. By purchasing, you also agree to the applicable third-party terms and privacy policies of those providers.

Subscriptions renew automatically at the end of each billing period unless cancelled before renewal in accordance with the cancellation process provided in your account or by FastSpring.

Fees are stated exclusive of applicable taxes unless otherwise indicated. You are responsible for taxes associated with your purchase except where we are legally required to collect them.

Wallet balances, where offered, are non-transferable except as expressly permitted and may be subject to expiration or forfeiture upon account closure or prolonged inactivity as disclosed at purchase.

Except where required by law or expressly stated in a refund policy, Subscription fees and wallet purchases are non-refundable once the billing period has started or credits have been applied.

7. Shop Payments

Merchants may enable Customer checkout through payment methods supported on the Platform, which may include Stripe, PayPal, cash on delivery (COD), and other options we add from time to time.

Shop payments are processed by third-party payment providers under agreements between the Merchant and/or us and those providers. We are not a bank, money transmitter, or payment institution for Merchant Customer transactions except as explicitly stated in a separate agreement.

Merchants are responsible for chargebacks, disputes, refunds to Customers, payment compliance (including PCI-DSS obligations where applicable), and accurate configuration of payment settings.

We may suspend payment features if we detect fraud, excessive disputes, regulatory concerns, or violations of these Terms or third-party provider rules.

Fees charged by payment providers are borne by the Merchant unless otherwise agreed in writing.

8. Affiliate Program

If you participate in the yourshop.africa affiliate program, additional program terms may apply and are incorporated by reference. Commissions are earned only for qualified referrals tracked and approved according to program rules.

Affiliates must promote the Platform honestly, without spam, misleading claims, or trademark bidding restrictions we publish. Self-referrals, fraudulent traffic, and incentive abuse are prohibited.

Commission rates, payout thresholds, and payment methods are described in the affiliate dashboard and may be updated with reasonable notice.

We may withhold or reverse commissions for refunded, cancelled, or fraudulent transactions and may terminate affiliate participation for violations.

Affiliates are independent contractors and not employees, agents, or partners of CUBE DESIGN SOFTWARE HOUSE unless otherwise agreed in writing.

9. Acceptable Use

You agree not to misuse the Platform. Prohibited conduct includes, without limitation, the activities listed below. We may investigate violations and cooperate with law enforcement, and we may remove Content or suspend access without liability where we reasonably believe a violation has occurred.

• Violating any applicable law, regulation, or third-party rights.
• Uploading malware, conducting denial-of-service attacks, or attempting unauthorised access to systems or data.
• Harassing, threatening, or discriminating against others.
• Sending unsolicited commercial messages in violation of anti-spam laws.
• Infringing intellectual property, privacy, or publicity rights.
• Scraping, crawling, or reverse engineering the Platform except as permitted by law.
• Circumventing usage limits, security measures, or billing mechanisms.
• Using the Platform to process payments unrelated to legitimate Merchant shop transactions without our approval.

10. Intellectual Property

We and our licensors own all rights, title, and interest in the Platform, including software, designs, trademarks, documentation, and proprietary materials, subject to your rights in your own Content.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during your Subscription term.

You retain ownership of Content you upload. You grant us a worldwide, royalty-free licence to host, display, reproduce, and process your Content solely to provide, secure, and improve the Services.

You must not use our name, logos, or branding except as permitted in our brand guidelines or with prior written consent.

If you believe Content on the Platform infringes your rights, contact [email protected] with sufficient detail for us to evaluate your notice.

11. Disclaimers and Limitation of Liability

To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that Content provided by Merchants or third parties is accurate or lawful.

To the maximum extent permitted by law, CUBE DESIGN SOFTWARE HOUSE and its directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of the Services.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amounts you paid to us for the Services in the twelve (12) months before the event giving rise to the claim, or (b) one hundred United States dollars (USD 100), except where liability cannot be limited under applicable law.

Some jurisdictions do not allow certain exclusions or limitations; in those cases, our liability is limited to the fullest extent permitted by law.

12. Suspension and Termination

You may stop using the Services and close your Account at any time through available account settings or by contacting [email protected], subject to outstanding fees and legal retention requirements.

We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, create legal or security risks, or if required by law or a third-party provider.

Upon termination, your right to use the Platform ceases. We may delete or retain Content and data according to our Privacy Policy and applicable law. Merchants should export shop data before closure where export tools are provided.

Sections that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, limitation of liability, indemnity, and governing law—will survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your country of residence require otherwise.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates, unless applicable law grants you the right to bring proceedings in your local courts.

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve disputes by contacting [email protected] and allowing thirty (30) days for negotiation.

Nothing in this section limits either party's right to seek injunctive or equitable relief for misuse of intellectual property or confidential information.

14. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date indicates the latest revision.

If we make material changes, we will provide notice through the Platform, by email, or by other reasonable means before the changes take effect, where required.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance, except where your explicit consent is required by law. If you do not agree to updated Terms, you must stop using the Services and close your Account.