Terms of Service

1. Account Registration

To use IslandCart, you must:

• Be at least 18 years old and legally capable of entering into binding contracts.
• Provide accurate, complete, and current information during registration.
• Maintain the security of your account credentials and promptly notify us of any unauthorized use.

You are responsible for all activities that occur under your account.

2. Platform Services

IslandCart provides an e-commerce platform enabling businesses to:

• Host and customize online storefronts.
• Manage retail and wholesale product catalogs.
• Accept and process online orders.
• Utilize administrative tools such as order automation, reporting, coupons, and integrations.

We reserve the right to modify, suspend, or discontinue any feature of the Platform at any time with reasonable notice.

3. Customer Responsibilities

You agree to:

• Use the Platform only for lawful business purposes.
• Ensure that all content (including images, descriptions, pricing) uploaded to your store complies with applicable laws and does not infringe on third-party rights.
• Obtain all necessary licenses, permits, and approvals for your business.
• Accurately represent your products and services to your customers.

You are solely responsible for all orders, transactions, and customer interactions made through your storefront.

4. Prohibited Activities

You may not:

• Use the Platform for fraudulent, illegal, or deceptive activities.
• Upload or transmit viruses, malware, or malicious code.
• Interfere with or disrupt the security or integrity of the Platform.
• Reverse engineer, decompile, or attempt to derive the source code of the Platform.
• Resell or sublicense the Platform without our express written consent.

Violation of these restrictions may result in immediate account suspension or termination.

5. Fees and Payments

Subscription fees are billed according to the plan selected during account setup.

• All fees are non-refundable, except where required by law.
• Fees must be paid via accepted payment methods (e.g., credit card, ACH).
• Failure to pay may result in account suspension or termination.
• We may change pricing with 30 days’ written notice.

You are responsible for all taxes, duties, and government charges associated with your use of the Platform.

6. Data & Privacy

We collect and process personal data in accordance with our Privacy Policy.

• You retain ownership of the content and data you upload.
• By using the Platform, you grant us a limited license to host, display, and process your data as necessary to operate the service.
• You must comply with all applicable privacy and data protection laws, including those applicable to your own customers.

We are not responsible for any lost or corrupted data resulting from your actions or third-party integrations.

7. Intellectual Property

The Platform and all related software, logos, trademarks, and content are owned by us or our licensors.

• These Terms do not grant you ownership rights to the Platform.
• You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for your bakery business operations.

You may not use our trademarks without prior written permission.

8. Third-Party Services

The Platform may integrate with third-party services (e.g., payment processors, shipping carriers, marketing tools).

• Your use of third-party services is subject to their own terms and privacy policies.
• We are not responsible for third-party services, their functionality, or data practices.

9. Service Availability

We strive for high uptime and reliability, but we do not guarantee uninterrupted or error-free service.
Scheduled maintenance or unforeseen outages may occur.
We are not liable for business losses resulting from downtime or service interruptions.

10. Termination

We may suspend or terminate your account if:

• You violate these Terms or applicable laws.
• You fail to pay fees when due.
• We discontinue the Platform with 60 days’ notice.

Upon termination:

• Your access to the Platform will end.
• We may retain backup copies of your data for a limited time as required by law.
• Any outstanding fees remain due.

11. Disclaimers

The Platform is provided on an “AS IS” and “AS AVAILABLE” basis.
We make no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement.
You are responsible for determining whether the Platform meets your business needs.

12. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, consequential, or punitive damages.
• Our total liability for any claim under these Terms shall not exceed the total fees you paid us in the 12 months prior to the claim.
• We are not responsible for lost profits, lost revenue, or business interruption.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including attorneys’ fees) arising from:

• Your use of the Platform;
• Your violation of these Terms;
• Your bakery’s products, services, or customer interactions.

14. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Any disputes shall be resolved through binding arbitration in Los Angeles, California, except that either party may seek injunctive relief in court.

15. Modifications

We may modify these Terms at any time by posting the revised version on our website.
Your continued use of the Platform after changes become effective constitutes acceptance.

16. Contact Us

For questions or legal notices, contact:
Island Technologies
17408 Chatsworth Street
Suite 200
Granada Hills, CA 91344
contactus@islandcart.com
818-832-2310

17. GDPR / CCPA Privacy & Data Protection Addendum

This section applies to personal data processed through the Platform subject to:

• The EU General Data Protection Regulation (GDPR),
• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), or
• Other similar data protection laws.

17.1 Roles

• You act as the Data Controller for customer data you collect through your storefront.
• We (IslandCart) act as a Data Processor/Service Provider processing data on your behalf.

17.2 Data Processing

We process personal data only as necessary to provide the Platform, including:

• Order processing
• Customer communication tools
• Analytics and operational improvements
• Fraud prevention and platform security

We do not sell or share personal data for cross-context behavioral advertising.

17.3 Data Subject Rights (GDPR)

For EU data subjects, you are responsible for enabling your customers to exercise their GDPR rights, including:

• Right of access
• Right to rectification
• Right to erasure (“right to be forgotten”)
• Right to restrict or object to processing
• Right to data portability

We will support you in fulfilling these rights upon written request.

17.4 Consumer Rights (CCPA/CPRA)

For California consumers, you must comply with CCPA/CPRA requirements including:

• Providing notice of data collection
• Honoring “Do Not Sell or Share My Personal Information” requests
• Responding to access and deletion requests

We will not retain, use, or disclose personal data except as permitted by law and this Agreement.

17.5 Security Measures

We implement reasonable technical and organizational measures to protect personal data from unauthorized access, alteration, or destruction, including:

• Encrypted storage and transmission
• Access controls and authentication
• Regular security monitoring and audits

17.6 Data Breach Notification

In the event of a confirmed data breach affecting personal data:

• We will notify you without undue delay
• Provide details sufficient for you to meet legal reporting obligations
• Cooperate with remediation efforts

17.7 International Data Transfers

If data is transferred outside the EU or California, we ensure appropriate safeguards such as:

• Standard Contractual Clauses (SCCs) for GDPR
• Adequate transfer mechanisms recognized by authorities

17.8 Data Retention & Deletion

Upon termination or written request, we will:

• Return or securely delete personal data within a reasonable timeframe
• Retain only data required for legal or regulatory obligations