Last updated: May 15, 2023 | Privacy & Data Policy
By signing up for the Spiffy service (“Service”, “Spiffy”, “Platform”) or any of our services (“us”, “we”, or “our”) you (“User”) are agreeing to be bound by the following terms and conditions (“Terms”, “Terms of Service”). The Services offered by us under the Terms of Service include various products and services to help you create, manage, and market an online store. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. We reserve the right to update and change the Terms of Service by posting updates and changes to the Spiffy website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Spiffy’s Privacy Policy before you may become a Spiffy user.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. You may only use the Platform for lawful purposes and in accordance with these terms.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your full name, phone number, billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Spiffy has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Spiffy or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use the Platform to engage in any activity that violates any law or regulation, or that infringes on the rights of any third party.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, without cause.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Spiffy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Spiffy.
We do not claim any intellectual property rights over the material you provide to the Service. All material you upload remains yours. You can cancel your account at any time.
By uploading content (including but not limited to text, images, and video), you agree: (a) to allow other internet users to view your Content; (b) to allow Spiffy to display and store your Content; and (c) that Spiffy can, at any time, review all the Content submitted by you to its Service.
The Platform and all of its contents, features, and functionality core to the Service, including but not limited to text, graphics, logos, images, and software, are the property of our company or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our Service may contain links to third-party websites or services not owned or controlled by Spiffy.
Spiffy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Spiffy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Spiffy is a virtual product delivered as a website application. Paying customers will receive login credentials within 24 hours of their initial purchase to access their Spiffy account. Customers must maintain an active account by staying current on their monthly or annual subscription, to keep their access to the Spiffy product.
All new Spiffy customers are protected with a 30-day, 100% money-back guarantee.
After 30 days, no refunds will be issued upon cancelation. There are no long-term contracts, you can cancel at any time.
Returning customers are not eligible for the 30-day guarantee.
Once a refund has been issued, that customer is no longer eligible for future refunds.
There are no refunds for setup, consulting, or migration services. All deposits and payments for services are strictly non-refundable.
By purchasing a Spiffy subscription, you agree to the terms of our refund policy. To claim a refund simply email us at support@spiffy.co.
We reserve the right to terminate your access to our platform for any reason, at any time, without notice. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, the Owner (primary User) of the account must send a cancelation request via email to support@spiffy.co at least 3 business days before your billing date, and complete our cancelation request form. If you as the User Terminate your service, your account data will be available for at least 60 days in case of reactivation, and thereafter data will not be guaranteed to be available upon reactivation. To keep your data and effectively pause your active account, you may request to be moved to a “hibernation plan” for a reduced price.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Spiffy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; c) your use or misuse of the Service, including but not limited to any breach of these Terms of Service; d) your content or materials uploaded on the Service or provided by you that infringes any third party intellectual property rights or other proprietary rights, including without limitation any rights of privacy or publicity, or e) any violation by you of applicable laws, rules or regulations.
This indemnification provision shall survive any termination or expiration of these Terms of Service. You shall cooperate fully with Spiffy in the defense of any claim subject to indemnification hereunder, and shall not settle any claim without Spiffy’s prior written consent, which shall not be unreasonably withheld or delayed.
Our company shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from or related to the use of our platform, including but not limited to any bugs, downtime, or system errors. We work hard to ensure critical errors and bugs are not published to live accounts, but do not guarantee user accounts are immune to the effects of such errors. Bugs, and issues are an inherent risk for any User of a software service, especially when a Platform is in constant feature development. It is our responsibility as the Service provider, to immediately address and resolve any and all critical errors as quickly as possible, as soon as we are made aware of such an issue. It is your responsibility as the User to notify us, as soon as you are aware of a critical issue, with detailed and complete documentation of the scenario so we have the ability to resolve the issue as quickly as practicable.
In no event shall Spiffy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In no event shall Spiffy or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You understand that adherence to all laws and regulations applicable to business operations in your jurisdiction, is your sole responsibility, and not the responsibility of the Platform.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Spiffy its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the State of Arizona, United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Any dispute arising out of or related to your use of our platform shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association, and you hereby consent to the jurisdiction of the state and federal courts located in the State of Arizona for the limited purpose of enforcing any arbitration award.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us:
Spiffy
PO Box 599
Tempe, AZ 85280