Terms of Service

Last updated: 12 September 2026

1. Definitions and structure

1.1 Capitalised terms have the meanings given where they first appear or in the linked documents.

1.2 Order of precedence. If there's a conflict between the documents making up our agreement, they apply in this order (highest first): (a) the Data Processing Agreement; (b) the Service Specific Terms; (c) these Terms of Service; (d) the Acceptable Use Policy — each prevailing over those below it only to the extent of the conflict.

1.3 In this document: "Store" means the Magento/Adobe Commerce application and data we host for you; "Your Content" means everything you or your Shoppers put into or through your Store (data, files, code, extensions, media, product and customer information); "Shopper" means an end user of your Store (e.g. your customers); "Portal" means the MyShopCarts control panel; "Fees" means the charges for your plan and any add-ons, as shown at our pricing page and in the Portal.

2. The Service

2.1 We provide a managed hosting service: we run, monitor, patch, and back up the platform your Store runs on, and we give you tools in the Portal to manage your Store — including backups and restores, plan changes, Magento patch upgrades, custom domains, email, data import/export, and installing your own extensions.

2.2 We strive to deliver a fast, reliable, well-run service, and we use reasonable efforts to keep improving it. Availability is described in the Service Specific Terms; nothing elsewhere in this agreement is an availability guarantee.

2.3 Your Store runs on infrastructure located in the European Union. Where a plan or feature offers a choice of region, your selection applies.

2.4 We may add, change, or remove features from time to time. Where a change is significant and negative for you, §22 (Changes) gives you a right to leave with a pro-rata refund.

3. Your account

3.1 You need an account to use the Service. Keep your details accurate and up to date — we use them (and your email) to send you invoices, service notices, and important information about your Store.

3.2 You're responsible for your account and for keeping your login credentials safe and confidential. You're responsible for everything that happens under your account, whether done by you, your staff, your contractors, or your Shoppers — except to the extent it results from our own breach of this agreement. Tell us promptly if you think your account has been compromised.

3.3 We recommend keeping an email address on file that isn't hosted on your own Store, so you can still reach us if your Store has a problem.

4. Acceptable use

4.1 You agree to use the Service in line with our Acceptable Use Policy and all applicable laws. Breaking the Acceptable Use Policy is a breach of this agreement.

4.2 You're responsible for what your Store sells and publishes, and for your Shoppers' conduct on it.

5. Who does what (shared responsibility)

Running a great store is a shared effort. Here's the split:

5.1 What we do. We operate, secure, monitor, patch, and back up the platform. We use reasonable and appropriate measures designed to help protect Your Content against accidental or unlawful loss, access, or disclosure, as further described in the Data Processing Agreement and Service Specific Terms.

5.2 What you do. You look after everything that's yours: Your Content; your Store's configuration; the themes, extensions, and custom code you choose to run and keep updated; your account credentials and user access; your legal compliance as a merchant; and keeping your own copy of your data using the Export tools (see §7). You're responsible for the security consequences of the code and configuration you control.

6. Your code, extensions, and customisations

6.1 The Portal lets you install and configure your own extensions, themes, and code. Anything you install is yours and your responsibility — you're responsible for having the right to use it, for keeping it updated and secure, and for what it does to your Store.

6.2 We don't review or warrant customer-installed code, and we're not responsible for problems it causes. If code you've installed threatens the security, stability, or performance of the platform or other customers, we may disable it and will let you know.

6.3 Some features (e.g. installing an extension, or upgrading Magento) run against your live Store. We take a backup first where the feature provides for it, but you're responsible for testing significant changes — we recommend using a sandbox where available before applying changes to a live Store.

7. Backups and your data

7.1 We run automated backups of your Store and give you tools in the Portal to restore it. How often, how long we keep them, and how restores work are described in the Service Specific Terms.

7.2 Backups are part of how we help you recover, but they are not a substitute for your own copy. You can download your data at any time using the Export tools, and we recommend you do so regularly and before major changes. You are responsible for keeping your own backups of Your Content.

7.3 To the fullest extent permitted by law, we are not liable for any loss, corruption, or unavailability of Your Content — see §18 and §19. This doesn't cut down the data-protection commitments in the Data Processing Agreement.

7.4 Your Store's data is yours (§15). We only use it to provide and support the Service, as set out in the Data Processing Agreement.

8. Fees, billing, and subscriptions

8.1 You agree to pay the Fees for your plan and any add-ons, at the prices shown at our pricing page and in the Portal.

8.2 Subscriptions renew automatically. Your plan bills in advance on a recurring cycle and renews for another cycle unless you cancel before the renewal date (see §17). We take payment through our payment processor (currently Stripe); by giving payment details you authorise us and our processor to charge them automatically for the Fees and any taxes.

8.3 Keep your payment details current and make sure funds are available. We're not responsible for failed payments caused by expired or declined cards, bank restrictions, or misuse of your payment method. If a payment fails, §16 (Suspension) and §17 (Termination) may apply.

8.4 Plan changes. You can change plan in the Portal. On an upgrade you pay the pro-rata difference for the rest of the current cycle, and the new plan's standard price applies from the next renewal. Introductory or promotional discounts apply to the initial plan only and don't carry over to a new or higher plan.

8.5 Introductory offers. Any introductory discount is for new customers and applies once. You may not set up duplicate or successive accounts for the same store or domain to obtain an introductory discount more than once.

8.6 Taxes. Fees are exclusive of VAT and other applicable taxes, which we'll add where required. If you're VAT-registered, give us a valid VAT ID.

8.7 Price changes. We may change the Fees. We'll give you at least 30 days' notice before a change takes effect. If you don't accept the new price, you can cancel before it takes effect; continuing to use the Service after that is acceptance.

8.8 Disputes and chargebacks. If you think you've been billed incorrectly, tell us within 30 days at [email protected] and we'll work it out in good faith. Please raise it with us before starting a chargeback — a chargeback doesn't remove your obligation to pay amounts genuinely due.

9. Availability

9.1 We strive to keep your Store available and use reasonable efforts to maximise uptime and to run the platform reliably. We don't, however, offer a guaranteed uptime service level, and availability isn't warranted (see §18).

9.2 Availability naturally excludes scheduled maintenance, maintenance in your maintenance window, Beta features, suspension under this agreement, and issues caused by Your Content, your code or configuration, third-party services, or anything outside our reasonable control (§18.2).

10. Maintenance, upgrades, and migrations

10.1 We carry out routine maintenance to keep the platform healthy, and we use reasonable efforts to give you advance notice of planned maintenance (except where it's urgent, e.g. for security). Some maintenance and customer-initiated changes take place within your Store's maintenance window, which you can set in the Portal.

10.2 The Portal lets you apply Magento patch upgrades to your Store yourself. These run in your maintenance window and take a backup first; an upgrade won't proceed if that backup can't be taken. Larger version upgrades are handled by us.

10.3 From time to time we may move your Store to different infrastructure (a "migration") to keep the service healthy or up to date. We aim to do this within your maintenance window with minimal disruption.

11. Custom domains and email

11.1 You can connect your own domain to your Store and send your Store's email from your own address, using the tools in the Portal. You're responsible for owning the domain, for the DNS records we ask you to add, and for keeping them in place.

11.2 We send transactional email on your behalf. Email is subject to the sending rules in the Acceptable Use Policy — in short, transactional messages for your Store, not bulk marketing, and nothing that harms sending reputation. We may throttle or suspend sending to protect the platform and other customers.

12. AI assistant

12.1 The Service may include AI-powered features, such as a chat assistant. These generate responses automatically and are provided to help you.

12.2 AI output is probabilistic and may be wrong, incomplete, or not suited to your situation. You're responsible for reviewing it and for any decision you make based on it — treat it as assistance, not advice. We don't warrant the accuracy of AI output, and we don't provide legal, financial, tax, or other professional advice through it.

12.3 Don't rely on AI features for anything where an error could cause injury, or legal or similarly significant effects for a person, without appropriate human review.

12.4 You won't use the AI features to build or train a competing product, or to extract underlying models or data. Where the AI processes personal data of your Shoppers, you're responsible for the privacy notices and consents that requires (see the Data Processing Agreement).

13. Third-party software, services, and licences

13.1 Magento / Adobe Commerce. Your Store runs Magento Open Source or Adobe Commerce. Your use of that software is subject to its own licence terms. Where a feature (such as certain upgrades) needs Adobe Commerce / Marketplace credentials, you're responsible for holding a valid licence and providing your own credentials where the Service requires them.

13.2 Third-party services. The Service may integrate with or link to third-party services and extensions. We're not responsible for them; your use of them is at your own risk and may be subject to their own terms.

14. Beta features

14.1 We may offer features labelled beta, preview, or experimental. They're for evaluation, may change or be withdrawn at any time, and come with no availability commitment and no warranty — they're provided "as is". To the fullest extent permitted by law, our liability for Beta features is excluded (see §19), and Your Content used in a Beta feature may be lost when the beta ends.

15. Intellectual property

15.1 Ours. We (and our licensors) own the Service, the platform, the Portal, and everything we provide, other than Your Content and third-party software. You get a limited, non-exclusive, non-transferable right to use the Service under this agreement. You won't copy, resell, reverse-engineer, or create derivative works of the Service, or remove our notices.

15.2 Yours. You (and your licensors) own Your Content. You grant us a worldwide, royalty-free licence to host, store, copy, transmit, and display Your Content only as needed to provide and support the Service and as described in the Data Processing Agreement.

15.3 Feedback. If you send us ideas or suggestions, we can use them freely, without obligation to you.

15.4 Publicity. We'd love to mention you as a customer. We'll ask before using your name or logo in marketing, and will stop if you tell us to.

16. Suspension

16.1 We may suspend your account or your Store, in whole or in part, if: (a) you breach the Acceptable Use Policy or the law; (b) your use poses a security or stability risk to the platform, other customers, or us; or (c) you haven't paid amounts due and haven't fixed it within 8 days of our notice.

16.2 Where practical and not urgent, we'll warn you first and give you a chance to put things right. We'll lift the suspension once the cause is resolved. Suspension doesn't pause your payment obligations.

17. Term and termination

17.1 This agreement starts when you accept it and continues until terminated.

17.2 You can cancel at any time in the Portal, effective at the end of your current billing cycle. Fees already paid are non-refundable except where this agreement or the law says otherwise.

17.3 Either of us may terminate for a material breach that isn't cured within 30 days of written notice. We may terminate or suspend immediately if you breach the Acceptable Use Policy or the law, or on 8 days' notice for non-payment.

17.4 What happens to your data. After your account ends, we keep your Store and its backups for a limited grace period (see the Service Specific Terms) so you can reactivate or export, and then we delete them, except where the law requires us to keep something. It's your responsibility to export Your Content before the grace period ends (§7).

17.5 Sections that by their nature should survive termination do (including accrued Fees, §7.3, §15, §18, §19, §20, and confidentiality).

18. Warranty disclaimer

18.1 We genuinely aim to run a reliable, secure, well-managed service, and the descriptions in this agreement of what we do are given in good faith. But to the fullest extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE", and we make no warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.

18.2 In particular, we don't warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that Your Content won't be lost or damaged. We're not responsible for issues caused by: your Store's code, extensions, or configuration; things you or your Shoppers do; third-party services or software; or anything outside our reasonable control.

18.3 Nothing in this section limits rights or warranties that can't be excluded under applicable law (see §21).

19. Limitation of liability

19.1 To the fullest extent permitted by law, we won't be liable for any indirect, incidental, special, consequential, or punitive loss, or for loss of profits, revenue, business, goodwill, or data, arising out of or relating to the Service or this agreement, even if we'd been told such loss was possible.

19.2 To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service or this agreement will not exceed the Fees you paid in the 1 month before the event giving rise to the liability.

19.3 What we don't exclude. Nothing in this agreement limits or excludes liability that can't be limited or excluded under applicable law — including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, and any non-waivable rights you have as a consumer (§21).

19.4 Each limitation in this section is separate and survives even if a remedy fails of its essential purpose.

20. Indemnities

20.1 We'll defend you against a third-party claim that the Service, as provided by us and used in line with this agreement, infringes that party's intellectual property rights, and we'll cover the resulting costs and damages finally awarded or agreed. This doesn't apply where the claim arises from Your Content, your code or extensions, your breach of this agreement, or your use of the Service with anything we didn't provide.

20.2 You'll defend us against third-party claims arising from Your Content, your Store, your Shoppers, or your breach of this agreement or the law, and cover the resulting costs and damages.

20.3 The party seeking indemnity will notify the other promptly, let it control the defence, and cooperate reasonably.

21. Consumers and non-waivable rights

21.1 MyShopCarts is designed for business use — running a shop as part of your trade, business, or profession — so this agreement is intended to be between two businesses.

21.2 If you nevertheless qualify as a consumer under applicable law, any mandatory consumer rights you have that can't be waived will prevail over anything in this agreement that conflicts with them.

21.3 If you're a consumer in the EU or UK: because the Service is made available to you immediately, you ask us to begin providing it right away and acknowledge that you'll lose any statutory right of withdrawal once we've done so.

22. Changes to these terms

22.1 We may update this agreement and the documents it links to. If a change is material, we'll give you notice — by email and/or a prominent notice in the Portal — before it takes effect.

22.2 If a material change is significantly worse for you, you may cancel and receive a pro-rata refund of any prepaid, unused Fees as your sole remedy, if you tell us within 30 days of the notice. Otherwise, continuing to use the Service after the change takes effect is acceptance.

23. Governing law and disputes

23.1 We'll try in good faith to resolve any dispute with you directly first.

23.2 This agreement is governed by the laws of Ireland, and the courts of Ireland have exclusive jurisdiction — except where mandatory law (for example, consumer law in your country of residence) gives you the right to bring proceedings elsewhere or requires a different law to apply.

24. Force majeure

24.1 Neither of us is liable for failure or delay (other than payment obligations) caused by events beyond our reasonable control — including acts of God, war, terrorism, civil unrest, strikes, epidemics, fire, flood, power or internet outages, and government action. The affected obligations are suspended for as long as the event lasts, and each of us will use reasonable efforts to mitigate.

25. General

25.1 Assignment. You may not assign this agreement without our consent. We may assign it to an affiliate or in connection with a merger, reorganisation, or sale of our business.

25.2 Entire agreement. This agreement (with the documents it incorporates) is the entire agreement between us about the Service and supersedes prior discussions. Section headings are for convenience only.

25.3 Severability. If any provision is unenforceable, it's modified to the minimum extent needed to make it enforceable, and the rest stays in effect.

25.4 No waiver. Not enforcing a right isn't a waiver of it.

25.5 Independent contractors. We're independent parties; this agreement creates no partnership, agency, or employment relationship.

25.6 Notices. We'll send notices to the email on your account (effective when sent); send notices to us at [email protected]. You're responsible for keeping your email current.

25.7 No third-party beneficiaries. No one other than you and us has rights under this agreement.

25.8 Language. The English version of this agreement governs; any translation is for convenience.

26. Company details