Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and MD SOFTWARE L.L.C-FZ / Fluxera LLC, a Free Zone Limited Liability Company registered in Dubai, United Arab Emirates, and Fluxera LLC, a Limited Liability Company registered at 75 E 3rd St, Ste 7, Sheridan, WY 82801, USA (collectively "SellStein," "Company," "we," "us," or "our"), governing your access to and use of the SellStein platform, including all related websites, APIs, tools, and services (collectively, the "Service").

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, Acceptable Use Policy, and Cookie Policy, all of which are incorporated herein by reference. If you do not agree to these Terms, do not use the Service.

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" shall refer to both you individually and the entity you represent.

You are responsible for maintaining the confidentiality and security of your account credentials. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password and all login credentials strictly confidential
• Immediately notify us at security@sellstein.com of any unauthorized access or security breach
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or violate these Terms.

SellStein is a multi-module business management platform that provides tools for e-commerce storefront hosting, product management, order processing, AI-powered business automation, analytics, marketing, team collaboration, invoicing, and related business services. The Service integrates with third-party APIs, payment processors, and services that are governed by their own respective terms, conditions, and privacy policies.

We reserve the right to modify, update, or discontinue features of the Service at any time. Material changes affecting paid features will be communicated with at least 30 days' notice.

Ownership: You retain all ownership rights to the data, content, products, images, descriptions, and materials you upload, create, or transmit through the Service ("Merchant Content"). SellStein does not claim any ownership interest in your Merchant Content.

License Grant: By using the Service, you grant us a worldwide, non-exclusive, royalty-free, limited license to host, store, process, display, reproduce, and transmit your Merchant Content solely as necessary to provide, maintain, and improve the Service. This license terminates when you delete your content or close your account, subject to reasonable backup and retention periods.

Your Responsibilities: You are solely and entirely responsible for:

• The legality, accuracy, quality, and appropriateness of all Merchant Content
• Obtaining all necessary rights, licenses, and permissions for content you upload
• Compliance with all applicable data protection laws (including GDPR, CCPA, and PDPL) when processing personal data of your customers
• Compliance with all applicable consumer protection, advertising, and product safety laws in every jurisdiction where you sell
• Accurate product descriptions, pricing, and availability information
• Proper handling of customer complaints, returns, and refunds in accordance with applicable law

SellStein is a technology platform provider, not a seller, reseller, distributor, or marketplace operator. We provide the software infrastructure that enables merchants to build and operate their own independent online stores. We do not:

• Participate in transactions between merchants and their customers
• Control, endorse, approve, or verify any products or services sold through merchant stores
• Act as an escrow, payment processor, or financial intermediary (payments are handled by third-party processors selected and configured by you)
• Provide legal, tax, financial, or regulatory compliance advice
• Monitor, review, or pre-screen Merchant Content except as required by law or as described in our Acceptable Use Policy

You acknowledge that the sale of products through your store is a direct transaction between you and your customer. SellStein bears no liability for disputes, claims, losses, injuries, or damages arising from products or services sold through the platform.

The Service allows you to provide your own API keys for third-party services (e.g., Anthropic, OpenAI, Stripe, PayPal, Brave Search, shipping providers). You are solely responsible for:

• Maintaining and securing your API keys
• All costs, charges, and fees incurred through the use of your API keys
• Compliance with the terms of service of each third-party provider
• Any consequences arising from the misconfiguration, loss, or unauthorized use of your API keys

We encrypt stored API keys at rest using industry-standard AES-256-GCM encryption but are not liable for charges, data breaches, or other consequences arising from your use of third-party services through the platform.

The Service includes AI-powered features that generate text, marketing copy, product descriptions, business suggestions, analytics insights, and other content ("AI Content"). You acknowledge and agree that:

• AI Content is generated algorithmically and may contain errors, inaccuracies, biases, or inappropriate material
• AI Content is provided "as-is" without any warranty of accuracy, completeness, or fitness for any particular purpose
• You are solely responsible for reviewing, verifying, and validating all AI Content before using it for any purpose
• SellStein makes no representations that AI Content complies with any particular laws or regulations
• You must not publish AI Content that violates intellectual property rights, defamation laws, or applicable regulations without independent verification

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms. In addition, you may not:

• Use the Service to violate any applicable local, state, national, or international law or regulation
• Sell products or services that are illegal in the jurisdictions where you operate or where your customers reside
• Infringe on intellectual property rights, trademarks, patents, or copyrights of others
• Transmit malware, viruses, trojans, or any harmful or malicious code
• Attempt to gain unauthorized access to the Service, other accounts, or connected systems
• Send spam, unsolicited communications, or engage in deceptive marketing practices
• Engage in activities that are fraudulent, deceptive, or harmful to others
• Circumvent, disable, or interfere with any security features of the Service
• Use automated means (bots, scrapers) to access the Service except through our documented APIs
• Resell, sublicense, or redistribute the Service without written authorization
• Use the Service to launder money, evade taxes, or facilitate financial crimes

Subscription Plans: Certain features require a paid subscription. Pricing, features, billing cycles, and payment terms are described on our pricing page and may change from time to time with at least 30 days' advance notice.

Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). By subscribing, you authorize us to charge your designated payment method for all applicable fees.

Refund Policy: All subscription fees are non-refundable unless: (a) otherwise expressly stated in writing; (b) required by mandatory consumer protection law (including EU right of withdrawal); or (c) the Service was materially unavailable for an extended period.

Free Tier: Our free tier is provided at our discretion and may be modified, limited, or discontinued at any time.

The Service, including its software, design, logos, trademarks, documentation, and all related intellectual property, is and remains the exclusive property of MD SOFTWARE L.L.C-FZ and Fluxera LLC. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Service as described herein.

For trademark-related inquiries and reports of infringement, please see our Trademark Policy.

SellStein respects intellectual property rights and responds to valid notices of alleged infringement in accordance with the United States Digital Millennium Copyright Act (DMCA) and equivalent international frameworks. Our full copyright policy, including instructions for submitting takedown notices and counter-notices, is available on our DMCA Policy page.

We maintain a policy of terminating accounts of repeat infringers in appropriate circumstances.

We strive to maintain high availability but do not guarantee uninterrupted, timely, secure, or error-free operation of the Service. The Service may be temporarily unavailable due to scheduled maintenance, emergency updates, or circumstances beyond our control (including but not limited to force majeure events, internet service disruptions, and third-party service outages).

SellStein is not liable for any damages, losses, or consequences resulting from service interruptions, data loss during transmission, or downtime.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. To the maximum extent permitted by applicable law, SellStein disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) results obtained from the Service will be accurate or reliable; or (d) defects will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MD SOFTWARE L.L.C-FZ AND FLUXERA LLC, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or business opportunities
• Business interruption or loss of anticipated savings
• Personal injury or property damage arising from your use of the Service
• Any claims by your customers, suppliers, or other third parties
• Unauthorized access to or alteration of your transmissions or data
• Actions or omissions of third-party services, payment processors, or integrations

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Nothing in these Terms limits liability for: fraud or fraudulent misrepresentation; gross negligence or willful misconduct; death or personal injury caused by negligence; or any liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless MD SOFTWARE L.L.C-FZ and Fluxera LLC, their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service or any activity under your account
• Products or services you sell, market, or distribute through the Service
• Merchant Content you upload, create, or transmit
• Your violation of these Terms, the Acceptable Use Policy, or any applicable law
• Your violation of any third-party rights, including intellectual property, privacy, or consumer protection rights
• Claims by your customers, including product liability, consumer complaints, and chargebacks
• Your failure to collect or remit applicable taxes, duties, or fees

We will provide prompt notice of any such claim and reasonable cooperation in the defense. You may not settle any claim without our prior written consent if the settlement imposes obligations on us.

By You: You may terminate your account at any time by contacting us or through your account settings. Termination does not entitle you to a refund of prepaid fees.

By Us: We may suspend or terminate your account and access to the Service immediately, with or without notice, if:

• You breach these Terms or our Acceptable Use Policy
• We are required to do so by law, regulation, or court order
• We reasonably believe your account is being used for illegal or fraudulent activity
• Your use poses a security risk to the Service or other users
• You fail to pay applicable fees after notice and a reasonable cure period

Effect of Termination: Upon termination, your right to access and use the Service ceases immediately. We will retain your data for 30 days after termination to allow for data export, after which it will be permanently deleted. Provisions that by their nature should survive termination (including indemnification, limitation of liability, intellectual property, and dispute resolution) shall survive.

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

EU Consumers: If you are a consumer in the European Union, nothing in this clause deprives you of the protection afforded by mandatory provisions of the law of your country of residence, including the right to bring legal proceedings in the courts of your domicile. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

If you are a consumer in the European Union or United Kingdom, you have the right of withdrawal within 14 days of purchasing a subscription without giving any reason, provided you have not accessed or used premium features of the Service during the withdrawal period. To exercise this right, contact us at contact@sellstein.com with a clear statement of your decision.

Mandatory consumer protection rights under EU, UK, or other applicable national law remain unaffected by these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes at least 30 days in advance via email, in-app notification, or by posting a prominent notice on the Service. Non-material changes (such as typographical corrections or clarifications) may take effect immediately upon posting.

Your continued use of the Service after the effective date of modified Terms constitutes acceptance. If you do not agree with the modified Terms, you must stop using the Service and close your account before the changes take effect.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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 while preserving its original intent.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy, Acceptable Use Policy, Cookie Policy, DMCA Policy, and Trademark Policy, constitute the entire agreement between you and SellStein regarding the use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

For questions about these Terms or the Service, contact us at: