TERMS OF SERVICE

Effective Date: January 22, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Codinative (“Codinative,” “we,” “us,” or “our”) governing your access to and use of our BigCommerce applications, services, website, and related offerings (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Codinative provides specialized BigCommerce development services, including but not limited to:

Custom BigCommerce storefronts and themes
Headless commerce builds using Next.js and GraphQL
Custom BigCommerce applications and integrations
Checkout customization and optimization
SEO services for e-commerce
Migration services to BigCommerce platform
Ongoing maintenance and support retainers

3. Account Registration and Responsibilities

To access certain features of our Services, you may be required to create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain the security of your account credentials and accept responsibility for all activities under your account
Notify us immediately of any unauthorized access or security breach
Be responsible for all content and data you submit through our Services

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, illegal, or abusive activity.

4. User Conduct and Acceptable Use

You agree not to:

Violate any applicable laws or regulations
Infringe upon intellectual property rights of Codinative or third parties
Upload or transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to our systems or networks
Reverse engineer, decompile, or disassemble our applications
Use our Services to harass, abuse, or harm others
Interfere with or disrupt the integrity or performance of our Services
Use automated scripts, bots, or scrapers without our express written permission

5. Payment Terms

5.1 Fees and Billing: Fees for our Services are as specified in your service agreement or subscription plan. All fees are non-refundable unless otherwise stated. You agree to pay all applicable fees and taxes associated with your use of our Services.

5.2 Payment Methods: We accept payment via credit card, debit card, or other methods as specified. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

5.3 Subscription Services: For subscription-based services, fees will be billed on a recurring basis according to your selected billing cycle (monthly, annually, etc.). Subscriptions automatically renew unless canceled prior to the renewal date.

5.4 Late Payments: If payment is not received when due, we reserve the right to suspend or terminate your access to the Services until payment is made. Late payments may incur additional fees.

6. Intellectual Property Rights

6.1 Codinative Ownership: All intellectual property rights in the Services, including software, applications, designs, logos, trademarks, and content created by Codinative, remain the exclusive property of Codinative. You are granted a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

6.2 Customer Content: You retain ownership of all content and data you provide to us (“Customer Content”). By using our Services, you grant us a limited license to access, use, and process your Customer Content solely for the purpose of providing the Services.

6.3 Deliverables: For custom development projects, ownership of final deliverables (such as custom code, designs, and configurations) will be transferred to you upon full payment, unless otherwise specified in a separate agreement. We retain the right to use general methodologies, techniques, and knowledge gained during the project.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of business. This includes, but is not limited to, business strategies, customer data, technical specifications, and pricing information. Confidential information may only be disclosed to employees or contractors who need access to perform services, and must be protected with the same degree of care as the receiving party protects its own confidential information.

8. Service Level and Support

8.1 Uptime: While we strive to maintain high availability of our Services, we do not guarantee uninterrupted access. We reserve the right to perform scheduled maintenance with reasonable notice.

8.2 Support: Support services are provided according to your service plan. Response times and availability vary based on your subscription level. Support is provided via email and may include phone or video support for enterprise clients.

8.3 Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to customers.

9. Third-Party Services and Integrations

Our Services may integrate with or rely upon third-party platforms, particularly BigCommerce. Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, performance, or policies of third-party services. You acknowledge that changes to third-party platforms may affect the functionality of our Services.

10. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CODINATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL CODINATIVE’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO CODINATIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Disclaimers and Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CODINATIVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICES.

13. Indemnification

You agree to indemnify, defend, and hold harmless Codinative, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your Customer Content.

14. Term and Termination

14.1 Term: These Terms commence when you first access or use our Services and continue until terminated by either party.

14.2 Termination by You: You may terminate your account at any time by contacting us or using the account cancellation features within our Services. Termination does not relieve you of any payment obligations for services already rendered.

14.3 Termination by Us: We may suspend or terminate your access immediately if you violate these Terms, engage in fraudulent activity, fail to pay fees, or if required by law.

14.4 Effect of Termination: Upon termination, your right to access and use the Services ceases immediately. We may delete your account data after a reasonable period, though we may retain certain information as required by law or for legitimate business purposes. Provisions that by their nature should survive termination (including payment obligations, intellectual property provisions, disclaimers, and limitations of liability) shall survive.

15. Dispute Resolution and Governing Law

15.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Codinative is registered, without regard to conflict of law principles.

15.2 Dispute Resolution: Any disputes arising from these Terms or your use of the Services shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration or in the courts of competent jurisdiction in our registered location.

15.3 Class Action Waiver: To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the “Effective Date” at the top of this document. For significant changes, we may also notify you via email. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Services.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Codinative regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral.

19. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

20. Force Majeure

Codinative shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

21. Contact Information

For questions regarding these Terms or our Services, please contact us at:

Codinative

Email: info@codinative.com

Website: https://codinative.com/

By using Codinative’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.