JewelExperts App Terms

1. About these terms

1.1 These terms are an agreement between Webcollation BV, the company behind JewelExperts (“we”, “us”), and the business that uses one of our apps, plugins or widgets, or our customer portal (“you”). In these terms we call all of them “our apps”.

1.2 These terms apply when you use our apps directly on your own website, including through our WordPress plugin, and when you use them through a platform such as Shopify or Wix. On a platform, the platform’s own terms also apply to your use of that platform, including its billing.

1.3 Our apps are for businesses only. By accepting these terms you confirm that you use our apps for your trade, business or profession, and that you may accept these terms for the business.

1.4 You accept these terms when you create an account, install or connect one of our apps, or start a subscription, at the step that refers to these terms.

1.5 The Data Processing Agreement in Annex 1 forms part of these terms.

1.6 If you use one of our apps through Shopify, you acknowledge that: (a) we alone, and not Shopify, are responsible for the app; (b) Shopify is not liable for any fault in the app or for any harm that may result from installing or using it; (c) except where Shopify expressly says otherwise, Shopify cannot help you install or use the app; and (d) as between us and Shopify, we alone are responsible for any liability arising from your access to or use of the app, including its development, use, marketing, distribution, access and support, and our access to, use, distribution and storage of your store’s data. In this clause, “Shopify” means Shopify Inc. and its affiliates. This clause does not extend our liability to you beyond section 14.

2. Our apps

2.1 The features, plans and limits of each app are described on its website, in its documentation and, for a platform, in its app listing (together, the “service description”).

2.2 We may change and improve our apps. If a change significantly reduces the features of the paid plan you are on, we will tell you at least 30 days in advance, and you may cancel your subscription.

2.3 Results that our apps show, such as sizes or previews, are estimates or illustrations. You remain responsible for the product information and advice you give your shoppers.

3. Your account

3.1 Give us accurate information and keep it up to date.

3.2 Keep your sign-in details confidential. You are responsible for the people you give access to your account. Tell us without delay at info@jewelexperts.com if you believe someone has used your account without permission.

3.3 Use our apps only on websites and stores that you own or control. One subscription serves one business’s website, on its domain and that domain’s subdomains. Where an app asks you to verify a domain, add only domains you control.

4. Acceptable use

Subject to 10.5, you must not:

• use our apps in breach of the law or of the rights of others;
• interfere with or disrupt our apps, or bypass their security, limits or plan restrictions;
• copy, modify or reverse engineer our apps, except as far as the law allows this despite this clause;
• resell, sublicense or provide our apps to others, unless we agree in writing;
• use our apps to mislead or harm shoppers;
• add content that is unlawful or that you have no right to use.

Where an app offers a test mode, use it only to develop and test your website, never where your shoppers use it. We may limit test use that goes beyond developing and testing, or that serves shoppers.

5. Plans and fees

5.1 Our apps may offer free and paid plans, as the service description shows. A free plan may show a JewelExperts mark in the widget.

5.2 When you use one of our apps through a platform, the platform charges the fees under its own terms, including for taxes, invoices and refunds.

5.3 Paid subscriptions renew automatically for the same period until you cancel them.

5.4 We may change our prices for future periods. We will tell you at least 30 days before a price increase applies to you, and you may cancel before it does. Where a platform requires your approval of a price change, the change applies only after you approve it.

5.5 If a payment fails, we may suspend the app concerned until the payment is made.

5.6 When you buy a subscription from us directly, it is sold by our reseller, which is the merchant of record for the sale, currently Paddle. The reseller handles the payment, charges any taxes and issues the receipts and invoices, and its buyer terms apply to the purchase. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

5.7 If someone else pays for you, you remain responsible for the fees.

6. Trials, cancellation and refunds

6.1 If a plan includes a free trial, its length and what happens when it ends are shown before you start it.

6.2 You may cancel a paid subscription at any time: in your account, with the merchant of record, or on the platform. Unless the platform’s terms provide otherwise, cancellation takes effect at the end of the current billing period, and you keep the paid features until then.

6.3 When you cancel, you are not refunded for the rest of the current billing period, except as 6.4 and 6.5 provide. Your statutory rights are not affected.

6.4 Purchases made through a platform, such as Shopify, follow that platform’s billing and refund rules.

6.5 Refunds for a subscription bought from us directly are handled by our reseller under its own refund policy, currently Paddle’s Refund Policy.

7. Your website and your shoppers

7.1 You decide whether and where to add our widgets. You are responsible for your website, your content and your products.

7.2 You are responsible for informing your shoppers about our widgets in your own privacy and cookie notices. Our documentation gives text you can use.

7.3 You are responsible for obtaining any consent the law requires from your shoppers. Where our documentation asks you to, connect your consent banner to our widgets as it explains.

7.4 If your website uses a Content Security Policy, allow the sources our documentation lists, or the widget will not load.

7.5 You are responsible for what your website does with the results our widgets pass to your web page.

8. Support and our access

8.1 We provide support by email at info@jewelexperts.com, as the service description sets out for your plan.

8.2 Our staff may view and change your settings to give you the support you ask for. We may also pause a widget on your website under section 11.

9. Availability

9.1 We provide our apps with reasonable care and skill.

9.2 We do not promise that our apps will be available without interruption or free of errors. Maintenance, updates and outages of platforms or networks can affect them. We give no other commitments about availability or performance, except where the law does not allow them to be excluded.

10. Intellectual property and licence

10.1 We and our licensors own our apps, widgets, software, documentation and brands.

10.2 Subject to 10.5, while your account or installation is active, we give you a non-exclusive, non-transferable right to use our apps and to show our widgets on your websites and stores, under these terms and your plan. Do not remove JewelExperts notices from them.

10.3 You keep your rights in the settings, text, images and other content you add. You allow us to host, copy, adapt and show that content as needed to provide our apps. Settings you publish are sent to your shoppers’ browsers and are therefore publicly accessible.

10.4 We may use any suggestions you give us about our apps without obligation to you.

10.5 Software we distribute under an open-source licence, such as our WordPress plugin, is licensed to you under that licence, and nothing in these terms limits your rights under it. These terms apply to your use of the service that the software connects to.

11. Suspension

11.1 We may suspend your account, or pause one or more widgets, if:

• a payment has failed (section 5.5);
• you seriously breach these terms;
• your use puts the security or stability of our apps, or shoppers, other customers or us, at risk; or
• the law or a platform requires it.

11.2 Where reasonably possible we tell you before we suspend, and otherwise promptly afterwards. We lift the suspension once its reason has ended.

11.3 While a widget is paused, it does not work on your website.

12. Term and termination

12.1 These terms apply for as long as you have an account or an installation of one of our apps.

12.2 You may end them at any time by closing your account or uninstalling our apps. Fees already due remain due.

12.3 We may end them with reasonable notice. We may end them at once if you seriously breach these terms and do not fix the breach within a reasonable period after our notice, or if the law requires it.

12.4 Subject to 10.5, when these terms end, your right to use our apps ends, and you remove our code and plugins from your websites. We delete or return personal data as the Data Processing Agreement and our Privacy Policy describe, and we keep what the law requires us to keep. Where an app offers an export of your data, you can download it before you close your account.

12.5 Sections 5 (for fees already due), 10.1, 10.4, 13, 14, 16 and 17 continue to apply after these terms end.

13. Data protection

13.1 Our Privacy Policy explains how we process personal data as controller, for example about you and your users.

13.2 Where we process personal data on your behalf, as your processor, the Data Processing Agreement in Annex 1 applies.

13.3 Each of us complies with the data protection law that applies to its own part.

14. Liability

14.1 Nothing in these terms limits or excludes our liability for our intentional fault or that of anyone we answer for, for our gross negligence or that of our staff, or for death or personal injury, or any other liability that cannot be limited under the applicable law.

14.2 As far as the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data.

14.3 As far as the law allows, our total liability under these terms for all events in any 12 months is limited to the fees paid for our apps in the 12 months before the first event. If you used only free plans, it is limited to EUR 100.

14.4 You are responsible for claims by your shoppers, customers or authorities that result from your website, your content, or your breach of these terms or of the law, such as a missing notice or consent, and you will compensate us for the reasonable costs of such claims.

15. Changes to these terms

15.1 We may change these terms, for example for new features, legal requirements or platform rules.

15.2 We tell you about a change that affects you significantly in advance, by email or in the app, and ask you to accept it. Until you accept a significant change, the version you accepted continues to apply to you. If you do not accept it, you may end these terms before the change takes effect.

15.3 A change that the law requires, or that does not disadvantage you, may take effect sooner.

15.4 The effective date at the top shows the current version.

16. General

16.1 You may not transfer these terms without our written consent. We may transfer them to a successor of our business, and we will tell you.

16.2 If a provision of these terms is invalid, the rest remains in force.

16.3 These terms, the service description, Annex 1 and our Privacy Policy are the whole agreement about our apps. If they conflict, Annex 1 prevails on data protection, and these terms prevail over the service description.

16.4 We send notices to the contact email address we hold for you. Send notices to us at legal@jewelexperts.com.

16.5 These terms are written in English. If a translation differs from the English text, the English text prevails.

17. Governing law and courts

17.1 These terms are governed by Belgian law.

17.2 The courts of the judicial district of Antwerp, Belgium, have exclusive jurisdiction over disputes about these terms, unless mandatory law provides otherwise.

18. Contact

Webcollation BV
Registered office: Hazeschransstraat 14, 2650 Edegem, Belgium
Enterprise number: 0775.627.737, RPR Antwerpen, afdeling Antwerpen
VAT number: BE0775627737
Website: jewelexperts.com
Contact form: jewelexperts.com/contact-us
Terms and legal questions: legal@jewelexperts.com
Support: info@jewelexperts.com
Privacy: privacy@jewelexperts.com