Terms and conditions

MASTER SERVICE AGREEMENT
[Last Amended: August 26, 2025]

This Master Service Agreement (“Agreement”) together with any exhibits to it, including the Order Form
sent to you by mail (collectively, the ”Agreement”), governs your use of our Platform (as defined below)
and constitutes a legally binding and an enforceable agreement between you, the user of our Platform
(”you” or ”your” or “User”), and MY-SHOP USA, INC (“My Shop”, “Company”, “we”, “us” or “our”) with EIN 93-4058869 and address in 1590 NE 162nd St, Suite 500, North Miami Beach, Florida, ZIP 33162.
Each party to the Agreement shall be referred to herein as a “party” and collectively as the “parties”.
ACCEPTANCE OF THE AGREEMENT: BY CREATING AN ACCOUNT OR BY OTHERWISE USING THE SERVICES
OR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE
AGREEMENT. IF YOU DO NOT AGREE TO ALL OR PART OF THIS AGREEMENT PLEASE DO NOT CREATE AN
ACCOUNT OR USE THE SERVICES IN ANY MANNER. THIS AGREEMENT GOVERNS YOUR ACCESS TO, AND USE
OF, THE WEBSITES, THE SERVICES, PLATFORM AND APPS WHICH ARE OWNED, OPERATED OR PROVIDED BY
My Shop.
My Shop reserves the right, at its own discretion, to modify, correct or amend the Agreement at any time.
The most current version of the Agreement will always be displayed on My Shop’s website and any changes
will be indicated under the “Last Amended” date above. My Shop may provide you with a written
notification or display a notice on its website, all at its sole discretion and in accordance with applicable
law, in the event that a material change has been made. Your continued use of the Service following the
publication by My Shop of an amended version of the Agreement will constitute your acceptance of the
amendments. It is therefore important that you read any notice or message from us carefully. If you wish
to terminate your subscription due to such updates or changes in the Agreement, you may do so by
following the instructions set out in the Term and Termination section below.
1. SCOPE OF SERVICE
1.1. My Shops offers an online SaaS platform which enables business owners to register and become a
User, and create, operate and manage online ordering websites, e-commerce cellular applications
(for iPhone and Android) (the “Platform”), which can be combined with hardware point of sale,
selling kiosks and printers (“User App/s” and “User Hardware” respectively). Inside the User Apps, a
User is able to manage its business content and communications with its customers using the Apps
(including prospective customers and casual visitors, collectively “Customers”), including description
and offering of products and services (“User Products”), online sell of such products and services,
accepting reservations and communicating with the Customers, etc. (”User Content”). The User Apps
and User Hardware, together with support and ancillary and any other service as detailed herein,
shall be referred collectively as the “Service/s”.
1.2. We may change, modify, suspend, or discontinue any aspect of the Services at any time without
notice to you and without any liability to you whatsoever in connection therewith, unless otherwise
required to do so under applicable law in which case we will make a reasonable effort to inform you
of any significant and substantial changes to the Service that will significantly affect you.
1.3. The My Shop Services enable you to create, manage, and/or use your own online and mobile
presence through a User App. However, please note that the hosting of the websites as well as the
accounts in the Apple i-Store and Google Play Store will be owned by My Shop. Additionally, all
intellectual property rights related to the My Shop Services will remain with My Shop as further
elaborated below, and you will be granted a license to use such intellectual property in accordance
with the terms of this Agreement. Yet, as a User, you are solely responsible for the any User content,
2
operation, and management of your online activities through your User Apps. The User Content,
including the operation of any online shop, the products or services offered, and all related
responsibilities, remain entirely your own.
1.4. You acknowledge and agree that any engagement between you and your Customers through the
User Apps created via the My Shop Services is your sole responsibility. My Shop is not liable for any
interactions, transactions, or any other activities nor any product or service provided through your
User Apps, that occur through your User Apps or as a result of your use of the Services.
1.5. My Shop retains the right to determine the ownership of User Apps, generally considering the User
associated with the email address in our records as the owner. In cases involving paid services or
external domain connections, ownership may be attributed to the entity with corresponding billing
details or to the registrant listed in the WHOIS database for the connected domain. However, My
Shop reserves the right to make final ownership determinations at its sole discretion, considering the
specific facts of each case.
2. REGISTRATION, ACCOUNT AND ORDER FORM
2.1. In order to use the Services, you may be required to register and create an account (”Account”).
During the registration process you will be required to provide certain information, including
personal data which is governed by and processed subject to our Privacy Policy. You hereby represent
and warrant that you will provide accurate and complete information in connection with your
Account. It is important to note, that in the event you choose to register for our email and sms
marketing service during the registration process, we may use your email address that you provided
us in order to send you marketing messages and materials as well as operational messages.
2.2. You will create unique and confidential usernames and passwords for exclusive access to your
Account. You bear sole and full responsibility for safeguarding the confidentiality of your Account’s
password and username. Additionally, you are accountable for all activities that occur under your
Account, whether conducted by you, by a Customer, or on your behalf (including through any other
authorized user acting on your behalf regarding your User Apps). Other than as expressly allowed in
this Agreement, you may not assign or transfer your rights, nor delegate your obligations associated
with the Account, including your username and password. Be aware that, for any reason and at any
given time, we reserve the right to request you to set a new password or to create a more secure
password.
2.3. Upon successful registration, you, as a User, will be required to provide specific details to identify
your unique needs. Once this process is completed, the system will generate a detailed Order Form,
which will be sent to your designated email address. This Order Form will outline the specifications
of the Services you have purchased and will detail the data and content required from you for the
initial creation of your User Apps.
2.4. You are responsible for providing all the necessary User Content as outlined in the Order Form within
30 days. Payment for the services will commence after those 30 days or upon the release and
activation of your App or Website, whichever occurs first.
3. POST-REGISTRATION PROCESS TO ACTIVATION OF USER APPS AND WEBSITES
3.1. Upon completion of registration and initial activation, Users gain access to the Platform’s
management system, through which you have the ability to manage, create, configure, and alter their
User Apps. This includes complete control over the services or products offered and presented. The
3
system allows for flexibility and customization to ensure that your User Apps and Websites align with
your brand and business goals.
3.2. The Platform is designed to empower you with the tools necessary to independently design and
integrate your User Apps. It provides a range of functionalities that enable you to tailor your digital
presence to your specific needs and preferences. However, it is important to note that the extent of
assistance and support provided by My Shop for the initial setup of a User App or a User Website is
contingent upon the terms and Setup Fees agreed upon in the Order Form. While the Platform is
intuitive and user-friendly, should you require additional assistance beyond the scope of the Order
Form, such support may be subject to additional charges or may not be available. You are encouraged
to familiarize yourself with the Platform’s capabilities and to make the most of the resources and
interfaces available to optimize your User Apps.
3.3. Once your User App is ready, you will have the opportunity to review it thoroughly. Upon your
approval, My Shop will proceed to upload it online. This includes hosting services for your User
Website or submitting your User App to digital distribution platforms such as the Apple App Store,
Google Play, etc.
3.4. You are solely responsible for providing and maintaining the required legal documentation for his
User App. These legal documents must comply with relevant laws and regulations and should
accurately reflect the functionality and use of your User Apps and Websites. In the event you do not
provide these documents, My Shop will supply generic versions of Terms and Conditions and Privacy
Policy. While My Shop provides these documents as a courtesy, the ultimate responsibility for the
content, accuracy, and legal compliance of these documents rests solely with you. You are strongly
encouraged to review, customize, and ensure that these documents adequately cover all aspects of
your User Apps and comply with all applicable laws and regulations.
4. LICENSE AND RESTRICTIONS OF USE
4.1. Subject to the terms herein and the applicable subscription plan, My Shop grants you a revocable,
limited, non-exclusive, non-transferable, non-assignable and non-sub licensable license, during the
term of the Agreement, to use the Platform, your User Apps and User Website and any other part of
the Services, solely for the purposes, and in accordance with the provisions, set forth herein.
4.2. Subject to the terms herein, My Shop , at its sole discretion, is entitled to: (i) determine the features,
settings, pricing, or other tools which are available as a part of the Service; (ii) modify, correct, amend,
update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue,
or cease, temporarily or permanently, any features or functionalities of the Service; and (iii) modify
and renew the license granted hereunder under any of the circumstances listed in (ii) above, without
incurring any liability to you.
4.3. You hereby undertake not to, and not to allow others to: (i) attempt to interfere with, compromise
the system integrity or security or decipher any transmissions to or from the servers running the
Services; (ii) take any action that imposes, or may impose at My Shop’s sole discretion an
unreasonable or disproportionately large load on the Services infrastructure; (iii) sell, license (or
sublicense), lease, assign, transfer, pledge, or share rights under this Agreement with any third party
except as permitted hereunder; (iv) disassemble, decompile, reverse engineer or attempt to discover
the source code or underlying algorithms; (v) upload invalid data, viruses, worms, malicious code or
other software agents through the Services; (vi) interfere with the proper working or security
measures of the Services; (vii) bypass the measures My Shop may use to prevent or restrict access to
the Services; (viii) use the Services for any illegal or unauthorized purpose, or in a manner that could
give rise to civil liability or other lawsuit; (ix) modify the Services, or insert any code or product, or in
4
any other way manipulate the Services in any way or create any derivative works of the Services; (x)
use the Services in a manner that violates or infringes any rights of any third party, including but not
limited to, privacy rights, publicity rights or intellectual property rights; (xi) use the Services in a
manner that violates any laws in your jurisdiction (including but not limited to copyright laws) and
the laws applicable to you and the end users’ jurisdiction during your use.
4.4. You may not use the Services to offer or sell any goods or services, or provide any information,
content or material regarding which may be deemed hazardous, counterfeit, stolen, fraudulent,
offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise illegal,
including with respect to consumer rights, intellectual property or privacy rights, product safety,
trade regulations and sanctions, support, maintenance and export. You undertake not to, and not to
allow others to use, upload, transfer, post or make available through Services any content that
involves, facilitates, advocates or promotes one or more of the following: (i) false, misleading,
deceptive, discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or
disability; (ii) libelous, defamatory, obscene, nudity, pornographic, adult content, sexually explicit or
abusive activities; (iii) illegal gambling; (iv) illegal activities; (v) any copyrighted materials for
download, sale or otherwise, in any case without the permission of the copyright owner or otherwise
in violation of law; (vi) a conflict or violation of any law or any intellectual property or other rights of
any person or entity.
4.5. The Services provided by My Shop are not intended for, nor should they be used to, sell or promote
any sensitive or specifically regulated content, including but not limited to medical, financial, or other
similarly regulated materials. You agree not to use the Services for any such purposes. In the event
that you choose to use the Services to sell or promote sensitive or specifically regulated content, you
acknowledge and agree that you do so entirely at your own risk and discretion. You hereby affirm
that you are fully and solely responsible for any and all consequences, liabilities, and obligations that
may arise from such use. Furthermore, you agree to indemnify, defend, and hold harmless My Shop,
its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all
claims, liabilities, damages, losses, costs, and expenses, including but not limited to attorney’s fees,
arising from or in connection with your use of the Services to sell or promote sensitive or specifically
regulated content. This indemnification obligation will survive the termination or expiration of this
Agreement and your use of the Services.
4.6. Failure to comply with the provisions set forth above may result in the termination or suspension of
access to the Account, the Service (or any part or feature thereof) as well as immediate termination
of this Agreement, without derogating from any other remedy My Shop is entitled to under this
Agreement or applicable law.
5. FEES AND RECURRING PAYMENTS
5.1. My Shop offers various Services and payment plans as presented and agreed by you during the
registration and initial configuration processes. The specific Service Fees applicable to your selected
products or services are detailed in the Order Form sent to your registered email.
5.2. Service Fees for licensing, using the Services, or maintenance may apply and are automatically
renewed according to the billing period and plan specified in your Order Form. These fees are
independent of the extent of actual usage and are non-cancellable (unless otherwise required under
applicable law). An Initial Setup Fee may apply for system integration and activation, relevant only if
included in the Order Form.
5.3. My Shop reserves the right, at its own discretion, to remove existing payment plans or to change any
features, tool or functionalities of its plans from time to time. Changes to a plan can be based on
5
various factors, e.g., improving and managing the Services, complying with legal, technical or other
relevant requirements. Where such changes materially affect an existing plan to your detriment, you
will be informed of such and will have the possibility to avoid any renewal of your payment under
such new terms.
5.4. Your Service Fees and any other charges you may incur in connection with your use of our Services,
such as taxes or transaction fees, as applicable, will be charged to you via the payment method you
provided upon purchasing your plan via a third-party payment processor of My Shop’s choosing, in
its sole discretion. My Shop shall not be liable for the processing of fees by such third-party nor shall
it be responsible for any errors or miscalculations made by such third-party in connection with such
fees.
5.5. By purchasing Services from My Shop, you authorize My Shop and its affiliates to make any inquiries
considered necessary to validate your designated payment method, in order to ensure prompt
payment. This includes, for the purpose of receiving updated payment details from your credit card
provider (e.g., updated expiry date or card number as may be provided to us by your credit card
company).
5.6. Invoices for the Services will be issued for any payment of Fees made to My Shop. Each Invoice will
be issued in electronic form and will be made available to you via your registered email. For the
purpose of issuing the Invoice, you may be required to furnish certain Personal Information in order
to comply with local laws. Please note that the Invoice presented may be used for pro forma purposes
only, depending on your local law requirements.
5.7. The length of your billing period and billing frequency will depend on the type of plan that you chose
as summarized in your Order Form. Late or failed payment for any reason may cause suspension or
termination of your Account, User Apps, the Services, and this Agreement, until your payment
method has been successfully charged.
5.8. The Services plans are auto-renewing, meaning payments will be auto-renewed following the end of
the applicable plan period. We will notify you via your email address that your current payment
period is about to expire before the end of such a plan.
5.9. Refunds and cancellations are subject to the legal requirements applicable to the Services provided
and your specific jurisdiction and applicable law (usually 14 days upon purchasing a plan). If you are
not satisfied with the Services, don’t hesitate to approach our Support and we will do our best to
assist you, as per the legal requirements.
5.10. My Shop may make changes to the price of the Services by giving you written notice at least 30
days in advance, which may be provided via the email address you submitted during the registration
process or directly through your Account. Such notice will always give you sufficient time to cancel
and terminate the Services before the new price goes into effect in accordance with the Term and
Termination section below. By not canceling your plan, you accept the new price for the Services.
5.11. My Shop may, and is not obligated to, offer special promotions from time to time in connection
with our subscription plans. We reserve the right to change or cancel these promotions at any time
and at our sole discretion.
5.12. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely
responsible to verify and ensure the successful renewal of the Services you use from My Shop
(whether or not such Services are subject to automatic renewals). Accordingly, you shall be solely
responsible with respect to any discontinuation of any Services previously purchased by you,
including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Services
6
not being subject to automatic renewals. You acknowledge and agree that you shall not have any
claims against My Shop in relation to the discontinuation of any Services for whatever reason.
5.13. My Shop may offer certain third-party hardware products (Hardware) that complement our
Services. Payment for Hardware is due in full at the time of purchase. Unless otherwise required
under applicable law, hardware products are non-refundable after the initial 14 days from the date
of purchase. Within the first 14 days, if you are not satisfied with the hardware product, you may
contact My shop at service@myshoptechnologies.com. For any refunds or exchanges within the
14-day period, the hardware must be returned in its original package and condition, including all
ancillaries and accessories. The terms and conditions of the return will be governed by the applicable
law.
6. E-COMMERCE
6.1. My Shop provides features enabling you to sell goods, content, media, event tickets, and services
through your User App, referred to as User Products. As a user, you are solely responsible for your
User Products, any related E-Commerce activities, and compliance with applicable laws. My Shop
serves only as the platform for these activities and is not involved in transactions or relationships
with Customers.
6.2. Payments for User Products are processed through third-party payment service providers. My Shop
will link the User to a relevant payment provider and will assist with the initial registration, but it is
solely the User’s responsibility to complete such engagement properly and provide all relevant and
required details accurately. My Shop is not responsible for the relationship between Users and these
providers.
6.3. By using My Shop’s E-Commerce features, you acknowledge, warrant, and agree that:
6.3.1.You are solely and fully responsible for all taxes and fees of any nature associated with your ECommerce activities, including any taxes related to the purchase or sale of the User Products.
You must collect, report, and remit the correct amounts to the appropriate authorities and/or
inform your End Users of such, providing them with a duly issued invoice as required by law.
6.3.2.Any taxes indicated by the E-Commerce features provided to you by My Shop are solely for
illustration purposes only and may not be relied upon.
6.3.3.You are responsible for and bear all costs of procuring and delivering your User Products, and
for providing them in a safe and professional manner, consistent with industry standards.
6.3.4.You are solely responsible for any and all statements and promises you make, and for all
assistance, warranty, and support regarding the User Products. You shall provide true contact
information on your User App for any questions, complaints, or claims.
7. REPRESENTATIONS AND WARRANTIES
7.1. Each of party represents and warrants that: (a) the Agreement constitutes a valid and legally binding
obligation of it, enforceable against it in accordance with its terms; (b) it has all requisite corporate
power and authority to enter into, deliver, and perform its obligations under the Agreement; and (c)
the entering into of the Agreement or the performance by it of its obligations under the Agreement
do not and will not violate any other obligation or agreement, law or regulation by which it is bound
or to which it is subject.
7.2. The User further hereby represents and warrants, as follows: (i) it has full rights and power to upload
and display any Content on the Service and the Content will not infringe upon any intellectual
property or other rights of any person, whether contractual, statutory or common law; (ii) it will not
commit any act which brings My Shop into public disrepute or which will otherwise disparage or
7
harm us in anyway; and (iii) it will comply with all applicable federal, state and local laws, regulations,
and administrative guidelines with respect to its use of the Services and otherwise; (iv) it shall not
use the Services in any manner violating the provisions of this Agreement including, without
limitation, the above Restriction of Use; (v) it is solely and fully responsible for the Content uploaded
by it to the Services, the actual use of its User Apps and the provisions of any services or products to
Customers through it; and (vi) it is at least 18 years old and have the legal capacity to enter into
binding contracts.
8. TERM AND TERMINATION OF RECURRING SERVICES
8.1. The term of this Agreement will commence on the date of your completed registration for use of a
Services (upon sending the Order Form to you) and continue until terminated by either you or My
Shop as applicable (“Term”). Termination of the Agreement will be without prejudice to any rights or
obligations which arose prior to the date of termination.
8.2. My Shop reserves the right to terminate or suspend your access to all or any part of the Service at
any time, with or without cause, and with or without notice, effective immediately. This includes, but
is not limited to, situations where My Shop believes that you have violated or acted inconsistently
with the letter or spirit of these Terms, failed to pay for the Services through violation of the Service
Fees section above, engaged in fraudulent or illegal activities, or provided inaccurate, incomplete, or
untrue information. Termination of the Agreement will be without prejudice to any rights or
obligations which arose prior to the date of termination.
8.3. You may cancel your payment plan and terminate this Agreement by providing written notice via
email to Service@my-shop.com at least 3 months prior to your desired termination date. Unless
otherwise required under applicable law, no refunds will be provided for any remaining plan period
already paid, and the termination will be effective at the end of the relevant payment period
following the 3-month notice period. Please ensure your termination notice is clear and includes your
account details and means of contact for processing.
8.4. Upon the expiry or termination of the Agreement, for whatever reason, all licenses automatically and
without further actions cease to apply and shall revert to My Shop and you shall cease your use of
the Service.
8.5. All sections detailed herein which by their nature are intended to survive termination, shall survive
termination or expiration for any reason.
9. PRIVACY
9.1. Your privacy is of utmost importance to My Shop. We handle your personal information in
accordance with our Privacy Policy . We encourage you to review the Privacy Policy, which provides
detailed information on how we collect, use, and protect your personal data.
9.2. The data collected through User Apps, including but not limited to customer data, transaction details,
and other related information, is managed and owned by you, the User. My Shop is not responsible
for the lawfulness of the collection, the usage patterns, or the management of this data by the User.
Users are solely responsible for ensuring compliance with all applicable laws and regulations in
relation to the data collected and processed through their User Apps.
9.3. While My Shop is committed to maintaining the security of the data on our platform, we cannot
guarantee 100% security. The nature of internet-based services inherently involves risks, and as such,
we cannot ensure or warrant the absolute security of any information transmitted to or from our
8
services. We implement various security measures to protect against unauthorized access, alteration,
disclosure, or destruction of data. However, please be aware that no method of electronic
transmission or storage is completely secure.
10. CONFIDENTIALITY
10.1. For the purpose of the Agreement, “Confidential Information” shall mean any non-public,
proprietary, confidential or trade secret information of a party that a reasonable person or entity
should have reason to believe is proprietary, confidential, or competitively sensitive, including,
without limitation, business procedures, technology and any related documentation, client or
customer lists, developments, business partners or other information disclosed by a party
(“Disclosing Party”) to the other party (“Receiving Party”) either directly or indirectly in any form,
including, without limitation, in writing or orally.
10.2. Confidential Information shall not include any information which: (i) was known to the Receiving
Party or in its possession at the time of disclosure without any confidentiality obligation; (ii) becomes
publicly known and made generally available after disclosure by the Disclosing Party to the Receiving
Party through no action or inaction of the Receiving Party; (iii) is independently developed by the
Receiving Party without reliance on or use of the Confidential Information or any part thereof and
the Receiving Party can show written proof of such independent development; (iv) required to be
disclosed by applicable law, regulatory authority or a valid court order, provided that the Receiving
Party shall provide the Disclosing Party with reasonable prior written notice of the required disclosure
in order for the Disclosing Party to obtain a protective order and the disclosure shall be limited to the
extent expressly required; (v) is approved for release by prior written authorization of the Disclosing
Party; or (vi) the Receiving Party can demonstrate was disclosed by the Disclosing Party to a third
party without any obligations of confidentiality.
10.3. During the term of this Agreement and for a period of three (3) years thereafter, each party agrees
that it will not disclose or use the Confidential Information of the Disclosing Party without the
Disclosing Party’s prior written consent. Each party agrees that it will take reasonable steps, at least
substantially equivalent to the steps it takes to protect its own Confidential Information, during the
term of the Agreement and for a period of one (1) year thereafter to prevent the disclosure of the
other party’s Confidential Information other than to its employees, affiliates, subsidiaries or other
agents who must have access to such Confidential Information for such party to perform its
obligations or exercise its rights hereunder, who will each agree to comply with this section. This
Confidentiality Section shall survive any termination or expiration of the Agreement as set forth
herein.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. The Service, including but not limited to its design, source code, UI, UX of the User Apps (excluding
User’s Intellectual Property and Content), is the exclusive property of My Shop and is protected by
copyright, trademark, and other intellectual property laws and treaties. All rights related to the
Service are owned solely by My Shop or its licensors. This Agreement does not convey any title or
ownership rights to the User. Except as expressly provided herein, My Shop retains all rights, title,
and interest in and to the Service and related marks, logos, content, trademarks, service marks, trade
names, trade dress, domain names, patents, inventions, trade secrets, copyrights, database rights,
including without limitation any derivatives, improvements, and modifications thereto, and all other
intellectual or industrial proprietary rights (including know-how) therein.
9
11.2. Except as provided herein, the User retains all right, title and interest in and to the Content and any
related marks, logos, and all intellectual property rights therein (“User’s Intellectual Property”).
Subject to the terms and conditions of this Agreement, the User grants My Shop a revocable, limited,
license, during the term of the Agreement, to use the User’s Intellectual Property solely for the
purpose of providing the Service under the Agreement.
11.3. If My Shop receives any feedback (e.g., questions, comments, suggestions, etc.) regarding the Service
(“Feedback”), all rights, including intellectual property rights in such Feedback, shall belong
exclusively to My Shop. To the extent required by applicable law, by providing any Feedback, the
User hereby acknowledges and irrevocably transfers and assigns to My Shop all intellectual property
rights the User may have in such Feedback and waives any and all moral rights that the User may
have in respect thereof.
11.4. Nothing in this Agreement shall be construed as transferring any right, title, or interest to the User
or any third party, unless explicitly stated herein. My Shop and its licensors reserve any and all rights
not expressly granted in this Agreement. The provisions of this section shall survive the termination
or expiration of this Agreement for any reason.
11.5. My Shop respects the intellectual property, privacy, and publicity rights of others and makes efforts
to help prevent infringements or violations. If you, as a copyright owner or an agent representing the
copyright owner, believe that your intellectual property has been used in any of our Services
(including any User Apps) or Content in a way that constitutes infringement and you wish to have it
removed, please send a request to: Service@myshoptechnologies.com, and we will do our best to
address you inquiry promptly and professionally.
12. COPYRIGHTS POLICY
12.1. We have a clear copyright policy regarding any Content suspected or claimed to be infringing third
party’s copyrights, which further incorporates the Digital Millennium Copyright Act of
1998 (“DMCA”). Accordingly, we have registered and appointed a designated agent on behalf of My
Shop (“Agent”), to handle any complaints regarding copyright infringement. We will respond within
a reasonable amount of time to claims of copyright infringement committed using the Service that
are reported to the Agent.
12.2. In the event you are a copyright owner, or authorized to act on behalf of one, and you believe in good
faith that any Content has been used or exploited in a manner that infringes or violates any work or
other intellectual property you own or control or that of a third party which you are authorized to
act on its behalf, please report the alleged copyright infringement by submitting a DMCA notice of
alleged infringement (“DMCA Notice”).
12.3. You can submit a DMCA Notice by:
• Filling in and submitting our online DMCA Notice form available HERE or;
• Sending our Agent, a DMCA notice at: info@copybyte.com that includes the following
information:
(a) Which copyrighted work or material that you claim has been infringed, sufficient information
to enable us to locate the material, including at a minimum, the URL of the link(s) shown on
the website where such material may be found and screenshots of such material. If multiple
copyrighted works are covered by this DMCA Notice – please provide a representative list of
the applicable copyrighted works.
10
(b) Your contact information – name, mailing address, telephone number, and email address.
(c) Both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted
material or reference or link to such material is not authorized by the copyright owner, its
agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of
perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or
of an exclusive right under the copyright that is allegedly infringed.”
(d) A physical or electronic signature of a person authorized to act on behalf of the owner of the
applicable copyright that has been allegedly infringed.
12.4. Upon receipt of a valid DMCA Notice (with all the information requested and detailed above), we will
remove or disable access to any Content that we believe, in good faith and at our discretion, is
infringing the copyrights or other intellectual property rights of third parties, and where applicable,
we may notify the alleged infringer that we have removed or disabled access to such Content.
12.5. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright laws applies
before you submit the DMCA Notice. Please note that the submission of a DMCA Notice will trigger
a legal process, and therefore, it is important not to make any false claims. In addition, it is important
that you keep in mind that when you submit a DMCA Notice, we are relying on the information
provided by you. Any person who knowingly misrepresents that certain material, content or an
activity is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred by
the alleged infringer, any copyright owner, copyright owner’s authorized licensee or My Shop, who
was damaged by such misrepresentation. Please remember that there are legal and financial
consequences for fraudulent or bad faith submissions. Therefore, before you submit a DMCA Notice,
be sure that you are the actual rights’ holder of the content or that you are legally able to represent
such rights’ holder and understand the repercussions of submitting a false claim.
13. ACCESSIBILITY DISCLAIMER
13.1. While My Shop aims to adhere to accepted guidelines and standards for accessibility and usability, it
is not always possible to do so in all areas of the User Apps. My Shop provides a platform that is
designed to allow users to create applications that can meet common accessibility standards as a
curtesy. However, the User is solely responsible for ensuring that the content, services, and
applications they create and manage via the User Apps comply with all applicable laws and
regulations regarding accessibility, as well as for the preparation and provision of any required
accessibility statements, documents or adjustments.
13.2. Without derogating from the generality of the above, My Shop does not control or vet Usergenerated content for accessibility issues and is not responsible for any accessibility barriers that may
arise due to the use of User-generated content within the User Apps. It is the User’s duty to conduct
the necessary checks to ensure compliance with accessibility standards and guidelines.
14. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES AND PLATFORM ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
11
INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS PROVIDED
HEREIN, MY SHOP DOES NOT WARRANT THAT THE SERVICES AND PLATFORM, INCLUDING ANY USER APP,
WILL OPERATE ERROR-FREE, OR THAT THE PLATFORM OR SERVICE ARE FREE OF VIRUSES OR OTHER
HARMFUL CODE OR THAT IT WILL CORRECT ANY ERRORS IN THE SERVICES. YOU AGREE THAT MY SHOP
WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY
RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE
INTERNET OR ANY TELECOMMUNICATIONS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE
SERVICES AND PLATFORM IS OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT ANY
SPECIFIC TIME OR THAT THE USER WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM THE SERVICES
INCLIDING FROM ANY USER APP. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, MY
SHOP DOES NOT REVIEW NOR SUPERVISE ANY CONTENT UPLOADED BY THE USER, AND THEREFORE
MAKES NO REPRESENTATION REGARDING THE ACCURACY, CORRECTNESS OR LAWFULNESS OF SUCH
CONTENT, NOR IT OWNERSHIP. EXCEPT AS EXPRESSLY STATED HEREIN, MY SHOP DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
SECURITY OF ANY INFORMATION, DATA OR CONTENT YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN
DURING THE COURSE OF YOUR USE OF THE SERVICES AND PLATFORM. YOUR USE OF THE SERVICES AND
PLATFORM IS AT YOUR OWN RISK AND RESPONSIBILITY. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY
NOT APPLY.
MY SHOP IS NOT RESPONSIBLE FOR THE QUALITY, AVAILABILITY, RELIABILITY, FUNCTIONALITY, OR ANY
OTHER ASPECT OF THESE THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION THIRD PARTY
PAYMENT SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY
PRODUCTS, SERVICES, CONTENT, OR MATERIALS MADE AVAILABLE THROUGH OUR PLATFORM. USERS’
USE AND RELIANCE ON THIRD-PARTY SERVICES, TOOLS, APPLICATIONS, AND HARDWARE ARE AT THEIR
OWN RISK AND DISCRETION. IN ADDITION, MY SHOP IS NOT RESPONSIBLE FOR THE MANUFACTURING,
QUALITY, WARRANTY, OR ANY OTHER ASPECTS OF THIRD-PARTY HARDWARE PRODUCTS. ANY ISSUES,
DEFECTS, WARRANTY CLAIMS, OR OTHER MATTERS RELATED TO THIRD-PARTY HARDWARE SHOULD BE
DIRECTED TO THE RESPECTIVE MANUFACTURER.
15. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, MY SHOP
(INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, COLLECTIVELY: “AFFILIATES”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD
PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS,
INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR
MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM OR
SERVICES EVEN IF MY SHOP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE
WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF,
ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OF OUR CONTROL (I.E., ANY
ACT OR EVENT BEYOND OUR REASONABLE CONTROL). MY SHOP AND ITS AFFILIATES SHALL BEAR NO
RESPONSIBILITY AND SHALL NOT BE HELD LIABLE FOR ANY OF THE CONTENT MADE AVAILABLE VIA ITS
SERVICES, INCLUDING WITHOUTH LIMIATION THE CONTENT AVAILABLE AND THE SERVICES AND
PRODUCTS OFFERED THROUGH ANY USER APP, AND SUCH RESPONSIBILITY OR LIABILITY SHALL BE SOLELY
12
THAT OF THE APPLICABLE USER OR SERVICE PROVIDER AS APPLICABLE. MY SHOP IS NOT RESPONSIBLE
FOR ANY ENGAGEMENT OR RELATIONSHIO BETWEEN A USER AND ITS CUSTOMERS. IN NO EVENT SHALL
MY SHOP AND ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO
THE AGREEMENT AND THE SERVICE, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, IN AN
AMOUNT EXCEEDING $100. THIS LIMITATION OF LIABILITY DOES NOT AFFECT MY SHOP’S LIABILITY FOR
ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU
ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK
CONSTITUTING IN PART THE CONSIDERATION FOR MY SHOP’S SERVICES TO YOU, AND SUCH LIMITATIONS
WILL APPLY EVEN IF MY SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
16. INDEMNIFICATION
16.1. User shall indemnify, defend, and hold My Shop and its Affiliates from and against any claim, action,
loss, liability, damage, penalty, cost or expense (including reasonable attorney fees) that My Shop
may suffer or incur as a result of: (a) any failure by the User to comply with the terms of the
Agreement; (b) any negligence or willful misconduct of the User; (c) any alleged or actual violations
by the User of any applicable law, regulation or rule; (d) any infringement of third party rights,
including intellectual property rights and privacy rights, resulting from the User’s actions or omissions
(including the Content); or (e) any claims from or by tax authorities in any country in relation to your
E-Commerce activities through your User Apps, including without limitation your sales to Customers
and other operations for which My Shop may be held jointly and severally liable. User will fully
cooperate with My Shop in the defense and settlement of any third-party claim and at My Shop’s
demand will assume responsibility for the investigation, preparation, defense, trial and settlement
of such claim, with the express provision that User will not settle the claim without My Shop ‘s prior
written explicit approval.
17. MISCELLANEOUS
17.1. Dispute Resolution, Governing Law and Jurisdiction. In the event of any dispute that you may have
with us, you hereby agree to first contact us at: service@myshoptechnologies.com and attempt to
resolve the dispute with us informally. If we were unable to resolve the dispute with you informally,
we each hereby agree that any dispute, controversy or actions arising out of or relating to the
Agreement shall be heard and determined exclusively in the courts of Tel Aviv, Israel. The Agreement
are governed by and construed in accordance with the laws of the State of Israel without giving rise
to any conflict of law principles therein. The application of the United Nations Convention of
Contracts for the International Sale of Goods is hereby expressly excluded.
17.2. Relationship of the Parties. Each party hereunder is considered an independent contractor. Nothing
herein shall be deemed or construed to create any partnership, joint venture, fiduciary or agency
relationship between the parties for any purpose.
17.3. Assignment. The Agreement may not be assigned or transferred by you without My Shop’s prior
written consent. My Shop may assign its rights and/or obligations hereunder and/or transfer
ownership rights and title in the Services and/or Content to a third party without your consent or
prior notice to you.
17.4. Force Majeure. My Shop shall be liable for any delay or failure to perform if and to the extent that
such delay or failure to perform is caused or otherwise brought about by circumstances beyond My
Shop ‘s reasonable control, including strikes, lockouts, labor troubles, restrictive government or
judicial orders or decrees, riots, insurrection, war, terrorism, Acts of God (including a pandemic),
13
and/or inclement weather, which My Shop is unable to prevent by the exercise of reasonable due
diligence.
17.5. Entire Agreement. The Agreement, including all exhibits hereto and any links included herein,
contains the entire agreement of the parties, and supersedes any prior oral or written agreements
or understanding between the parties.
17.6. Severability. Should any one or more of the provisions of the Agreement be determined to be invalid,
unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining
provisions of the Agreement shall not in any way be affected or impaired by such determination and
will remain in full force and effect, and the provision affected will be construed so as to be
enforceable to the maximum extent permissible by law.
17.7. Waiver. Any delay or omission by either party to exercise any right under the Agreement shall not be
construed to be a waiver of such right. A waiver by either party of any of the performance provisions
of the Agreement shall not be construed to be a waiver of any succeeding performance or breach.
17.8. Contact Us. For questions regarding your Account, please contact us at:
service@myshoptechnologies.com.