1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Services, you must register for a ByComercial account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. ByComercial may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. You acknowledge that ByComercial will use the email address you provide as the primary method for communication.
4. You are responsible for keeping your password secure. ByComercial cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of ByComercial will result in an immediate termination of your services.

2.1 ByComercial Account

1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.5 Domain Names

1. Upon purchasing a domain name through ByComercial, domain registration will be preset to automatically renew each year so long as your ByComercial Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of ByComercial.

1. Technical support is only provided to paying Account holders and is only available via email.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of Spain applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Spain with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
3. You acknowledge and agree that ByComercial may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on ByComercial’s website, available at https://www.ByComercial.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to ByComercial’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4. You may not use the ByComercial service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Spain. You will comply with all applicable laws, rules and regulations in your use of the Service.
5. The ByComercial API License and Terms of Use at ByComercial.com/legal/api-terms(“ByComercial API Terms”) govern your access to and use of the ByComercial API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the ByComercial API Terms) and for keeping your API Credentials secure.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ByComercial.
7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use ByComercial or ByComercial trademarks and/or variations and misspellings thereof.
8. Questions about the Terms of Service should be sent to support@bycomercial.com.
9. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
10. The Services allow you to send certain communications to your customers by mail.
11. You acknowledge and agree that your use of the Service, including information transmitted to or stored by ByComercial, is governed by its privacy policy at https://www.ByComercial.com/legal/privacy
12. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and ByComercial’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.ByComercial.com/legal/terms will prevail.

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any ByComercial customer, ByComercial employee, member, or officer will result in immediate Account termination.
5. ByComercial does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ByComercial employees and contractors may also be ByComercial customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
8. ByComercial retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, ByComercial reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

1. You expressly understand and agree that ByComercial shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
2. In no event shall ByComercial or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ByComercial partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. ByComercial does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. ByComercial does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. ByComercial does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

The failure of ByComercial to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and ByComercial and govern your use of the Service, superseding any prior agreements between you and ByComercial (including, but not limited to, any prior versions of the Terms of Service).

1. We do not claim any intellectual property rights over the Materials you provide to the ByComercial service. All Materials you upload remains yours. You can remove your ByComercial store at any time by deleting your Account.
2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow ByComercial to store, and in the case of Materials you post publicly, display, your Materials; and (c) that ByComercial can, at any time, review all the Materials submitted to its Service, although ByComercial is not obligated to do so.
3. You retain ownership over all Materials that you upload to a ByComercial store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
4. We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
5. ByComercial shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
6. We attribute the ownership of the images used on our website to  Vector de fondo creado por freepik – www.freepik.es

Not avalaible to actuality
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the ByComercial POS software (“POS Software”), the ByComercial POS website, located at https://www.ByComercial.com/pos, programs, documentation, apps, tools, internet-based services and components, ByComercial’s POS hardware (“POS Equipment”) and any updates thereto provided to you by ByComercial.

1. Access to and use of the POS Services requires that you have an active and valid Account.
2. If your POS Services are enabled with ByComercial Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must the same as that used for your Online Services, if applicable.
3. You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
4. You agree to use the POS Services in accordance with all procedures that may be provided by ByComercial from time to time.
5. While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
6. POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, located at https://www.ByComercial.com/legal/notice. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy, which can be found at https://hardware.ByComercial.com/pages/return-policy. Returns and refunds are not available for the Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards purchased from the ByComercial Hardware Store.
7. The Fees for POS Services shall be determined based on the number of locations using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the ByComercial web administrative console. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular Billing Cycle. In the event of any discrepancy between the number of locations added by you through the ByComercial web administrative console and the number of locations detected by ByComercial, the number of locations detected by ByComercial shall be deemed to be correct.

1. You may establish the appearance of your ByComercial store with a design template from ByComercial’s Theme Store (“a Theme”). If you select a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. To initiate a transfer of a Theme to a second one of your stores, please email support@ByComercial.com. You are not permitted to transfer or sell a Theme to any other person’s store on ByComercial or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. ByComercial gives no assurance that a particular Theme will remain available for additional downloads.
2. You may solicity to modify the Theme to suit your store. ByComercial may add or modify the footer that refers to ByComercial at its discretion. ByComercial may modify the Theme where it contains, in our sole discretion, an element that violates the ByComercial AUP or the Terms of Service, even if you received the Theme in that condition. ByComercial may modify the Theme to reflect technical changes and updates as required.
3. The intellectual property rights of the Theme remain the property of the designer (ByComercial). If you exceed the rights granted by your solicity of a Theme, the designer (ByComercial) may take legal action against you, and may take administrative action such as modifying your store or closing your store
4. Technical support for a Theme is the responsibility of the designer (Expert), and ByComercial accepts no responsibility to provide such support. ByComercial may be able to help you contact the designer.
5. It is the responsibility of the user, and not ByComercial, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

1. ByComercial Experts is an online directory of independent third parties («Experts») that can help you build and operate your ByComercial store. ByComercial does not employ Experts and is in no way affiliated with Experts.
2. ByComercial does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of ByComercial and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
3. Under no circumstances shall ByComercial be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and ByComercial experts. These limitations shall apply even if ByComercial has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your store when using all payment providers other than ByComercial Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as ByComercial Payments, POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. ByComercial will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and ByComercial will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at ByComercial’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your ByComercial administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
4. If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, ByComercial reserves the right to terminate your Account.
5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of ByComercial’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to ByComercial of your exemption. If you are not charged Taxes by ByComercial, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
7. You must maintain your current location in the administration menu of your ByComercial store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
8. ByComercial does not provide refunds.

1. You may cancel your Account at anytime by emailing support@ByComercial.comand then following the specific instructions indicated to you in ByComercial’s response.
2. Upon termination of the Services by either party for any reason:
   1. ByComercial will cease providing you with the Services and you will no longer be able to access your Account;
   2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
   3. any outstanding balance owed to ByComercial for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
   4. your store website will be taken offline
3. If you purchased a domain name through ByComercial, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
5. We reserve the right to modify or terminate the ByComercial Service or your Account for any reason, without notice at any time.
6. Fraud: Without limiting any other remedies, ByComercial may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

1. Prices for using the Services are subject to change upon 30 days’ notice from ByComercial. Such notice may be provided at any time by posting the changes to the ByComercial Site (ByComercial.com) or the administration menu of your ByComercial store via an announcement.
2. ByComercial reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
3. ByComercial shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. The free version will have 30 days license for use. In case of inactivity for more than 30 days or simulation of activity you can proceed to cancel the user account and all data will be lost.
5. The free version may be canceled for any other reason. Prior notice will not be necessary.

1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, ByComercial’s partners or other third parties.
2. ByComercial may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the ByComercial App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or ByComercial’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, ByComercial may receive a revenue share from Third Party Providers that ByComercial recommends to you.
3. We do not provide any warranties with respect to Third Party Services. You acknowledge that ByComercial has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on ByComercial’s websites, including the ByComercial App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ByComercial. ByComercial does not guarantee the availability of Third Party Services and you acknowledge that ByComercial may disable access to any Third Party Services at any time in its sole discretion and without notice to you. ByComercial is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. ByComercial strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ByComercial is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
6. Under no circumstances shall ByComercial be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if ByComercial has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ByComercial partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

ByComercial supports the protection of intellectual property and asks ByComercial merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to ByComercial’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“ByComercial Confidential Information”). You agree that: (a) ByComercial Confidential Information will remain ByComercial’s exclusive property; (b) you will use ByComercial Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose ByComercial Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the ByComercial Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the ByComercial Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.

ByComercial is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that ByComercial’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, ByComercial’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.