Terms & Conditions

1. Introduction

These Terms and Conditions govern your use of FluentCart, a self-hosted eCommerce plugin developed and maintained by FluentCart Inc. which is a Brand of WPManageNinja. 

This agreement establishes the rights and responsibilities of all users, including visitors, customers, and store owners utilizing FluentCart, and visitors on FluentCart’s site found at “fluentcart.com”. 

It also defines FluentCart’s legal standing in relation to FluentCart’s distribution, intellectual property, and liability limitations.

By accessing, installing, or using FluentCart and/or FluentCart’s Website, you signify acceptance of these terms. If you do not agree with any part of these Terms and Conditions, you must cease usage immediately.

2. Definitions

For clarity, the following definitions apply throughout this document:

FluentCart Inc. refers to the entity that owns and operates FluentCart. 

FluentCart refers to the self-hosted eCommerce plugin developed by WPManageNinja LLC. 

FluentCart’s website refers to “fluentcart.com” or “the website”.

A Customer is any individual or entity that installs, uses, or interacts with FluentCart. 

A Visitor is any individual browsing the FluentCart website without creating an account. 

A Store Owner is any customer using FluentCart to manage and operate an online store. A User is anyone who holds an account on FluentCart’s website.

3. Acceptance of Terms

By using FluentCart and FluentCart’s website, you explicitly confirm that you have read, understood, and agreed to comply with these Terms and Conditions. If you disagree with any of these terms, you must discontinue use immediately.

4. User Accounts and Security Responsibilities

Users who register an account with FluentCart’s website must provide accurate and complete information. The security of your account credentials is solely your responsibility. You must take all necessary precautions to protect your account from unauthorized access. 

FluentCart Inc. is not responsible for any damages or losses resulting from unauthorized access to your account due to negligence in safeguarding login credentials.

By creating an account or subscribing to FluentCart-related services, you consent to receive marketing communications, product updates, and promotional materials. You may opt out of such marketing communications at any time.

5. Rights and Limitations of FluentCart Inc.

FluentCart Inc. reserves the right to deny, suspend, or terminate service at its sole discretion if a user is found engaging in behavior that is deemed offensive, harmful, or detrimental to FluentCart, its employees, or representatives.

FluentCart Inc. does not assume responsibility for the content, products, or services offered by third-party stores that operate using FluentCart. 

Store owners are solely responsible for their store’s operations, including compliance with applicable laws, regulations, and US Sanctions.

While FluentCart Inc. strives to provide a reliable and efficient eCommerce solution, it does not warrant that FluentCart the product will be free from errors, disruptions, or service interruptions. 

Users acknowledge that they bear all risks associated with the use of FluentCart.

The FluentCart Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

To the extent permitted by law, FluentCart Inc. and by extension WPManageNinja LLC will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

FluentCart makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or extend the liability of FluentCart in cases pertaining to death or personal injury as a result of the negligence of FluentCart or that of its employees or agents.

6. Store Owner Responsibilities

As a store owner utilizing FluentCart, you are solely responsible for ensuring legal, financial, and operational compliance with all applicable laws and industry standards. 

You acknowledge that it is your duty to secure your store’s infrastructure, including API credentials, website access, and other security measures necessary to prevent unauthorized access or data breaches.

Store owners are responsible for managing their tax obligations, including calculating, reporting, and remitting sales tax, VAT, GST, or any other applicable taxes. FluentCart Inc. shall not be held liable for any tax-related issues arising from your use of FluentCart.

Furthermore, store owners are fully responsible for fulfilling shipping and delivery obligations to their customers. 

Any disputes or liabilities arising from shipping, handling, or product delivery shall be resolved by the store owner, independent of FluentCart Inc. involvement.

7. Customer Data and Privacy Obligations

If you (the store owner) collect data from your store’s customers, you must implement and maintain an appropriate Privacy Policy that complies with applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA) and The Children’s Online Privacy Protection Act (COPPA). 

For businesses that require compliance with HIPAA standard, should note that, FluentCart and FluentCart’s website are not designed to handle Protected Health Information (PHI). Hence, neither FluentCart the plugin or the website are not inherently HIPAA compliant. If you wish to use FluentCart in industries reliant on HIPAA compliance, you the owners must ensure HIPAA compliance for your customers.

FluentCart will not be liable for damages arising from compliance issues on your store.

FluentCart Inc. does not collect, store, or process end-customer data from stores operated using FluentCart and shall not be held responsible for any data breaches or privacy violations committed by store owners.

It is the responsibility of store owners to ensure that their customer data is handled securely and used only for lawfully necessary purposes. In the event of a data breach, store owners must notify affected users and take necessary remedial actions in compliance with applicable regulations.

8. Community Engagement and Conduct

Customers and users may participate in discussion forums, community groups, and social media spaces managed by FluentCart Inc. or WPManageNinja LLC. 

All users are expected to adhere to community guidelines, which prohibit hate speech, harassment, illegal activity, third-party promotions, service solicitation and any conduct that disrupts a positive and inclusive environment. 

Violations of community guidelines may result in restricted access, suspension, or termination of community participation rights.

9. Age Restrictions

FluentCart is intended for users who are at least 16 years of age. By using FluentCart, you confirm that you meet this minimum age requirement. 

If you are under 16, you are prohibited from using FluentCart or any related services.

FluentCart Inc. will not be held responsible for the usage of FluentCart by underaged users in violation of these terms and conditions.

10. Indemnity

You agree to indemnify and hold FluentCart Inc. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against FluentCart Inc. arising out of any breach of these Terms and Conditions by you or other liabilities arising out of your use of this Website.

11. Third-Party Restrictions with Transactions

FluentCart and its site may feature integrations, tools, and links to services provided by third-party entities. FluentCart Inc. is not responsible for any third-party transactions, nor does it endorse, warrant, or guarantee the reliability or security of such third-party services. 

Users engaging with third-party providers do so at their own risk. Any disputes, claims, or damages arising from third-party interactions shall be resolved between the user and the third party, without involvement from FluentCart Inc.

This includes usage of nulled versions of FluentCart, versions found anywhere other than WordPress Repository and FluentCart’s website, extensions developed indepedant of FluentCart Inc. involvement/knowledge/association. FluentCart Inc. will not be held responsible for damages arising from the usage of such versions.

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) You do not misrepresent your relationship with this website; and

(c) The website from which you link to FluentCart’s Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to FluentCart’s Website as a result of such linking

12. Payment, Renewals, and Refunds

Payments for FluentCart subscriptions and associated services are processed through third-party payment providers, including but not limited to Stripe and PayPal. 

Auto-renewals for subscriptions are enabled by default unless canceled prior to the renewal date. Users are responsible for ensuring that payment details are up to date.

FluentCart offers a 60-day, no-questions-asked refund policy applicable only to the first purchase. Refunds will be processed through the original payment method. 

Discounted pricing applies only to the first year of service, and renewals will be billed at the full standard rate.

Store owners are responsible for handling customer refunds for their own store transactions, and FluentCart Inc. is not liable for refund claims made by customers of store owners.

We do not store any credit card information on our server. We use the FluentCart website’s PayPal and Stripe payment gateway to manage all the transactions. 

Please read Stripe’s privacy policy and Paypal’s privacy policy for more details.

13. Licensing

FluentCart is managed under the GPL license same as WordPress. For premium product updates and support please check the corresponding domain activation limits. 

For Multi-Domain and Agency Activation Tier Licenses purchase types, you are prohibited to re-sale/redistribute the license keys. 

You are allowed to use the license keys on your client projects where the end-user may not be charged for the license key and you do full/partial development of the client’s site where FluentCart is a small part of the development phase. 

FluentCart Inc. is the sole proprietor for the license keys and has the right to sell/distribute the license keys.

14. Intellectual Property Rights

FluentCart Inc. retains full ownership of the FluentCart brand, trademarks, and proprietary content. Users and store owners may not reproduce, distribute, modify, or exploit FluentCart’s intellectual property without explicit authorization from FluentCart Inc.

None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. 

This excludes the downloading, copying, and/or printing of pages of the Website for personal, non-commercial home use only.

Store owners retain ownership of the content and products they create and sell through their FluentCart stores. 

However, FluentCart branding and software licensing remain the exclusive property of FluentCart Inc.

15. Modifications to These Terms

FluentCart Inc. reserves the right to update, amend, or modify these Terms and Conditions at any time without prior notice. 

Users will be subject to the most current version available on the FluentCart website. Continued use of FluentCart after changes have been made constitutes acceptance of the updated terms.

FluentCart Inc. may change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that FluentCart shall not be liable to you for any such change or removal.

16. Termination of Services

Users may choose to terminate their account on FluentCart’s website at any time. For Data you have provided and removal of it see Privacy Policy here for further details. 

FluentCart Inc. also reserves the right to suspend or terminate user accounts for violations of these Terms and Conditions. 

Upon termination, users may lose access to stored data and associated information on the FluentCart website account, and no refunds will be issued beyond the applicable refund policy.

17. Waiver

If you breach these Terms/Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.

18. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and continue to be binding and enforceable.

19. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Newark, Delaware, USA. 

FluentCart operates under the legal framework of FluentCart Inc., an incorporated entity. The address of the registered office of the Company is,

131 Continental Dr, Suite 305, Newark, 19713, Delaware, USA.

Any legal disputes shall be resolved under the jurisdiction of courts in the United States.

20. Third-Party Restrictions with Transactions and Business Models

While processing payments with Stripe and Paypal, we adhere to the restriction imposed by both Stripe and PayPal respectively. 

The following business models and products are completely prohibited from using FluentCart’s payment integrations in any way or form.

a. Controlled Substances and Paraphernalia

  • Drug paraphernalia
  • Substances designed to mimic illegal drugs
  • Peptides and other research chemicals
  • Pseudo-pharmaceuticals
  • Supplements supported by unsubstantiated claims

b. Tobacco and Related Products

  • Tobacco products, including e-cigarettes and vapes

c. Adult and Adult-Adjacent Industries

  • Adult content and services

d. Weapons and Restricted Equipment

  • Firearms and ammunition

e. Fraud, Deception, and Questionable Schemes

  • Counterfeit goods
  • Multi-level marketing
  • Proprietary trading firms offering access to funded accounts

f. Virtual and Digital Goods

  • Virtual currency, including video game or virtual world credits
  • Social media activity, like Twitter followers, Facebook likes, YouTube views

A detailed list of prohibited Business models and products can be found here.

Stripe

PayPal

For payment gateways apart from the above, transactions will follow their respective prohibitions and guidelines. 

FluentCart Inc. is not liable for any unauthorized use of these payment gateways that contradict the guidelines imposed by the respective Payment services.

21. Arbitration and Dispute Resolution

Any disputes arising under these Terms and Conditions shall be resolved through binding arbitration in Newark, Delaware, USA. Users agree to waive their right to a trial by jury or participation in a class-action lawsuit related to the use of FluentCart (both product and site).

For further inquiries regarding these Terms and Conditions, please contact [email protected].