Privacy Policy

Acceptance. By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

Contracting Entity. “BigCommerce” means the BigCommerce entity with which you are entering into these Terms. If you have previously entered into an agreement with a BigCommerce entity, then “BigCommerce” means that entity. If you have not previously entered into an agreement with a BigCommerce entity, then “BigCommerce” means the entity identified in the following table:

• United Kingdom BigCommerce UK Ltd.,
• a United Kingdom limited company England and Wales
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom
• European Union, other than the United Kingdom

Certain Definitions.
“Order Form” or “Order” means one or more BigCommerce order forms executed by the parties for the purchase of Services and that reference these Terms.

“Services” means all BigCommerce products, services, and materials located on or accessible through the Website or otherwise described in an Order.

“Third-Party Products” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with, the Website or Services.

“Website” means the BigCommerce website located at www.bigcommerce.com (including all associated internet country codes), together with all BigCommerce websites and webpages accessible there, and the Account control panel.

Eligibility
Minimum Age. The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the Website.

Registration
In order to use the Services, you must establish a Services account (“Account”) by registering with BigCommerce. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide BigCommerce with a user name and password for your Account (together “Account Credentials”). BigCommerce reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

Security
Generally. You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account Credentials and all actions taken in association therewith. You will not share your Account Credentials with any third party. Payment Cards. BigCommerce is responsible for the security of credit cardholder data to the extent that BigCommerce has control of that data. To that end, BigCommerce undertakes regular assessments consistent with the Payment Card Industry Data Security Standards. You represent and warrant that you will determine the PCI DSS merchant requirements applicable to you and your use of the Services.

Use Restrictions
This is an agreement for Services, and you are not granted a license to any software by these Terms. You 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 or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

Licence
We do not claim any intellectual property rights over the content you provide to BigCommerce. All of your content remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “IP Rights”) you have in that content or associated with your store in connection with our provision of the Services, in any media known now or developed in the future. Representations and Warranties. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. BigCommerce takes no responsibility and assumes no liability for any content provided by you or any third party. Name and Marks. BigCommerce shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store(s) to promote the Services. BigCommerce Content. Restrictions. All rights not expressly granted by BigCommerce to you in these Terms are hereby reserved by BigCommerce. There are no implied rights. You may not use, imitate, or copy, in whole or in part, any BigCommerce trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, BigCommerce’s prior written consent, in BigCommerce’s discretion. All permitted use of BigCommerce’s Marks will inure to the benefit of BigCommerce. Ownership. As between the parties, the Website and Services, including, without limitation, any and all APIs, Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials (collectively, “BigCommerce IP”) are owned by BigCommerce and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the BigCommerce IP other than the right to use the Services, in compliance with the Terms, during the applicable subscription period. Feedback. You may provide BigCommerce with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, “Feedback”). If you submit Feedback to BigCommerce, you hereby grant BigCommerce an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that BigCommerce deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).