Terms of Service

Last updated May 18, 2021

Terms of Service

Last updated May 18, 2021

Thank you for choosing to be part of our community at TTT Labs Ltd., doing business as Shop Studio Live ("Shop Studio Live", “Company”, "we", "us", "our"). This terms of service agreement governs your access to, and use of, the websites, services and applications which are owned, operated or provided by or on behalf of Shop Studio Live.

Acceptance of Terms

By accessing or using the Service we assume you accept these Terms of Service and the terms of our Privacy Policy, located at www.shopstudio.live/privacy, which is hereby incorporated by reference. The following terminology applies to these Terms of Service: “Client”, “You” and “Your” refers to you, the person using the Service and compliant to the Company's Terms of Service. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's services, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Do not continue to use the Service if you do not agree to all of the Terms stated on this page. Client’s continued access or use of our Service after any revisions become effective constitutes your acceptance 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.


Our Services

Our Services provide applications designed to allow you to livestream and/or post videos to sell your products or services to your customers (your “Customers”) through an eCommerce platform. 

The specifics of each aspect of the Services (including technical details, support and pricing information) are posted on our website, as we may amend them from time to time, as well as in any applicable statement of work we may issue to you, in respect of the Services. 

Where you engage us to custom develop Services, the details of our engagement will be governed by any additional documents and agreements as part of that engagement.

We take reasonable efforts to explain each Service’s features to you on our website, but we can’t guarantee a Service will look or perform exactly like it appears on a demo or marketing page. If you have any questions about any terms or details of any of our Services, please reach out to us at the contact information below.

Shop Studio Live shall use commercially reasonable efforts to provide technical support for Services. We are not responsible for providing technical support for any apps, products, or services provided to you by third parties.


Payments & Terms

All Services are provided on a per store basis through your eCommerce platform, meaning you will have to purchase Services on an individual store basis. For example, if you have two stores through your eCommerce platform, and you wish to use one of our apps for both stores, you must purchase two subscriptions to that app.

Unless otherwise indicated, the sale is finalized when you conclude the purchase of the Service. Your method of payment will be charged following your predefined billing cycle through the eCommerce platform. This will occur on a recurring basis based on your selected, predefined subscription plan and any additional usage-based fees that are incurred, taking into consideration any promotional free trials related to your plan. When you make a payment, you confirm that you are entitled to use the method which you have used to make the payment.

All payments to Shop Studio Live do not include applicable sales, goods and services, harmonized, or any other taxes or fees, which may be charged by governmental authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility.

You agree to indemnify and hold harmless Shop Studio Live and its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns (collectively, its “Others”), against any chargeback costs (plus any taxes or related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us for the Services.

All payments are made payable in USD (United States Dollars).


Trial Period

We may offer a trial period for certain Services before being required to purchase or subscribe. The duration and specific terms of the trial period will be published to our websites and during the Services install process. You agree that even though you may have access to the Services on a trial basis, free of charge, you will be bound by the terms and conditions of this Agreement. Your continued use of the Services following the conclusion of the trial period constitutes your consent to be charged for those Services and to the provisions in this Agreement.


Intellectual Property Rights

Unless otherwise stated, TTT Labs own the intellectual property rights for all material on the Service. You may access this from the Service for your own personal use subjected to restrictions set in these Terms.

Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service; modify, translate, or create derivative works based on the Service (except to the extent expressly permitted by Company or authorized within the Service); or remove any proprietary notices or labels. With respect to any part of the Service that is distributed or provided to Client for use on a Client devices, Company hereby grants Client a non-exclusive, non-transferable, non-sublicensable license to use such software solely as embedded on such device only in connection with the Service.

Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by the Company.

If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using the Contact Us link on our website.


Availability, Errors and Inaccuracies

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.


Third Party Services

We are not a party to any relationship between you and any third party, including, but not limited to, you and your eCommerce platform or you and your customers (your “Customers”), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.

Your use of the Services may rely on services and products which are offered by third parties (“Third  Services”). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.

If you have a dispute with any third parties, you release Shop Studio Live from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages, arising out of or in any way related to such disputes and/or our Services.


Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF REVENUE OR PROFIT) OR FOR LOSS OR CORRUPTION OF DATA; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY CLIENT UNDER THIS AGREEMENT IN THE THREE (3) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification

Client shall indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Client’s use of Service. 

Client shall be responsible for obtaining and maintaining any hardware, software and ancillary services needed to access or use the Service, including, without limitation, internet access services, related equipment and the like (collectively, “Equipment”). We are not responsible for ensuring uninterrupted access to the Internet or any charges you incur, in association with your use of the Internet, nor are we responsible for ensuring your hardware and software are compatible with the Services. You acknowledge that your access to and use of the Services may be impaired or prevented by factors beyond our control (such as issues with your computer system or Internet connectivity), and that we are not responsible for any such factors, or their effects.

Client is solely responsible for ensuring that any language or agreement it deploys in connection with the Service is appropriately customized and fit for Client’s purposes. Client shall also be responsible for maintaining the security of the Equipment, Client account, passwords and files.



Disclaimer of Warranties

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Service in a manner which minimizes errors and interruptions in the Service. Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.


Cancellation, Termination & Refund Policy

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 use of the Service, you may discontinue using the Service, uninstall it through your eCommerce platform, and contact us at info@shopstudio.live. 

We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that may be owed to you if we have suspended or terminated your permission to use the Services or any part thereof.

The termination of the Services may result in the loss of content which is associated with your account and we are not responsible for storing or providing you copies of such content. Personal data tied to your Shop Studio Live account will be permanently deleted or anonymized within 60 days of the termination date.

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.



Your Account / Security

You may be required, when you use certain features of the Services, to create an account with us, including a username and password, or to connect an account through your eCommerce platform. If we determine the username is in use by someone else or it is otherwise offensive, we may refuse to allow you, in our sole discretion, to use the chosen username. 

In addition, you are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Shop Studio Live account or any other breach of security. 

We care about the security of our users. We will use reasonable commercial efforts to protect the security of your personal data and account. Please notify us immediately in the event of any actual or suspected breach or unauthorized access or use of your account.


Links to Other Websites

The Service may provide access to websites and links to other websites or services owned and operated by third parties. These third party services are outside the scope of these Terms and have their own policies that apply to the collection, use, and sharing of personal information in connection with their services. We encourage you to read the terms and conditions and privacy policies of any third party websites or services that you visit. We are not responsible or liable for the content, privacy policies, terms and conditions, or practices of such third parties.

Acceptable Use

Without limiting anything else in this Agreement, you must not use (or cause or permit to be used) this website or the Services:

Any use of the Services which is contrary to the terms of this Agreement may result in the immediate termination of this Agreement and your use of the Services, by us.


Miscellaneous

The Services offered by Shop Studio Live are directed towards and designed for the use of persons above the age of majority in their respective province, state, or country. Persons under the age of majority are not permitted to use the Services on their own, and we will not approve applications of, or establish, or maintain accounts or memberships for any persons below their respective region’s age of majority.

If you are younger than 18, you may use the Services under the supervision of a parent or legal guardian. Otherwise, you must be 18 or older to use the Services and in no circumstances shall people under the age of majority in your state, province, or country, use the Services. Use of the Services by anyone under 13 years of age is strictly prohibited.

The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’ y rattachent soient rédigés en anglais.

We will not be liable for the failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: a) acts of God; or b) failure or disruptions in third-party-controlled or operated communications facilities; or c) worms, viruses and other disabling or disruptive software, communications or files.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. This Agreement is binding on you and us, and your and our respective successors (including any successor by reason of amalgamation of any party), heirs, legal representatives and permitted assigns, as the case may be.


International Terms

If you are not a Canadian resident and you are accessing our Services from outside of Canada, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.

We provide our Services outside of Canada; however, our servers and operations are located primarily in Canada (and, in the case of our servers, Canada and the United States), and our policies and procedures are based primarily on Canadian law. Because of this, the following provisions apply specifically to users located outside of Canada: (i) you consent to the transfer, storage, and processing of your information, including but not limited to any personal data, to and in Canada and/or other countries; and (ii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.


Governing Law

These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, 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. 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.

Your use of the Services may also be subject to other local, state, provincial, national or international laws and the use of the Services may be prohibited by law in some jurisdictions. By using the Services you certify that the laws of the jurisdiction in which you are using the Services, permit the use of it, and you are responsible for complying with all local laws in your jurisdiction. If the laws which apply to your use of the Services would prohibit the enforceability of this Agreement, or impose any additional burdens on us, or confer to you rights which are materially different than those granted to you under this Agreement, you are not authorized to use the Services and you agree to remove them from any computer or other device on which they may be installed.


Communication

When you visit our website, use the Services or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and/or signed.

By creating an account on our Service, you agree that we may send you transactional emails, newsletters, marketing or promotional materials and other information. You may opt out of receiving promotional and marketing communications by following the unsubscribe link or instructions provided in any email we send. You may not opt-out of receiving transactional emails about your purchases or important emails about your use of the Service.

If you have any questions or comments about our Terms of Service as outlined above, contact us by email at info@shopstudio.live or through the Contact Us link on our website.


TTT Labs Ltd.

1250 – 777 Dunsmuir St.

Vancouver, BC

V7Y1G6, Canada