Terms of service.

1. Who and what

These terms are the agreement between Stellar Hosting, Stentorlaan 83, 7534 HT Enschede, Netherlands, Chamber of Commerce 83117644 ("we"), and the business that subscribes to Stellar Commerce ("you"). They cover the hosted subscription: the webshop, the Admin, checkout, email, backups and upgrades as described on this site, in the tier and with the add-ons you choose. Running your own storefront on your own servers falls under these terms too; section 15 says what differs.

2. Business customers

Stellar Commerce is sold to businesses. By subscribing you confirm that you act for a business and are allowed to bind it. Prices are shown without VAT. Rules that protect consumers do not apply to this agreement.

3. The service

What is included in each tier and add-on is described on the pricing page at the time you subscribe. We improve the service continuously and may change how a feature works. If we remove a feature you rely on, we tell you at least 30 days in advance.

4. Your account

You keep your credentials safe and use two-factor sign-in. Everything done by you or by the team members you invite counts as done by you. Tell us at once if you suspect that someone else has access.

5. Subscription and payment

• The subscription and every add-on are billed monthly, in advance. The first payment is due at signup; after that Mollie charges the same payment method each month, around the day you started. That day can move, for example in a shorter month or after a payment that succeeds on a later attempt.
• An upgrade or an add-on takes effect at once; the difference for the rest of the current billing month is charged at once, in proportion to the days left, and after that it is part of the monthly amount. A downgrade takes effect at the start of the next billing month.
• We may change prices with 30 days notice by email. If you do not agree, you can cancel before the new price applies.
• If a payment fails, we tell you. Mollie often retries a direct debit, but not always. If it is still unpaid 14 days after the due date, we may pause the shop (suspend the service) until it is paid. A pause does not end the agreement or the charges.

6. Term and cancellation

• The subscription and each add-on run month to month.
• You can cancel the subscription or an add-on at any time from your account, with one month's notice: it ends at the end of the billing month that follows the one in which you cancel. That month is billed as usual, and there is no refund for a month already billed. If you cancel the subscription in your first billing month, it ends at the end of that month instead.
• We may end the agreement if you breach it and do not put it right within 14 days of our notice, and at once for a serious breach such as illegal content or abuse of the platform.
• We may stop offering the service with three months notice.

7. After the end

For 30 days after the subscription ends you can ask us for an export of your products, customers, orders and content, and we provide it within 14 days of the request. After those 30 days we delete your data, and it drops out of the backups within a further 30 days. Invoices are kept for as long as tax law requires.

8. Your shop and your content

Your products, customers, orders, content and settings are yours. You give us the right to store, copy and display them as far as running the service requires. You are responsible for what you sell and publish: that it is legal, that product information, prices and taxes are correct, that your customers' rights are respected, and that your own privacy statement covers what your shop does. You do not use the platform for illegal goods, unsolicited email, attacks on others or loads that put other shops at risk.

9. Payments in your shop

Your customers pay through your own payment provider account. We are not a party to those payments and do not hold that money. We charge the subscription only, and no commission on your sales.

10. Availability, maintenance and support

We run the service with care but do not promise an uptime figure. Planned maintenance is announced in advance where possible and scheduled outside Dutch business hours where possible. Backups are taken daily. Support is answered by email on working days; requests from Advanced accounts are handled first.

11. Data processing

For the personal data inside your shop, you are the controller and we are the processor. This section is the processing agreement between us.

• Instructions. We process that data only to provide the service and as you instruct us through the Admin and by email, or where the law obliges us.
• Confidentiality. The people who operate the platform are bound to confidentiality and see your data only when the work requires it.
• Security. We keep the measures described in the privacy statement: encrypted connections, encrypted secrets, two-factor sign-in, limited and logged access, and daily backups in the European Union.
• Sub-processors. The processors we use are listed in the privacy statement. We tell you by email at least 30 days before adding or replacing one. If you object on reasonable grounds and we cannot resolve it, you can cancel.
• Assistance. We help you answer requests from your customers about their data and, where needed, with your security and impact assessments.
• Breaches. If we learn of a breach affecting your data, we tell you without undue delay and at the latest within 48 hours, with what we know.
• Location. Your data stays in the European Union.
• End. At the end of the agreement we return or delete your data as described in section 7.
• Audit. We answer your questions about how we process your data. Once a year, at your cost and with reasonable notice, you or an auditor you appoint may check compliance with this section.

12. Intellectual property

The platform, its software and its documentation are ours or our licensors'. You get the right to use them for your shop for as long as you subscribe. Open-source components come under their own licences. Suggestions you send us may be used without obligation.

13. Liability

We are liable only for direct damage caused by us, up to the fees you paid in the twelve months before the event. We are not liable for lost profit, lost sales, lost data that a backup could have restored had you asked in time, or indirect damage. These limits do not apply to damage caused intentionally or by gross negligence. You indemnify us against claims by third parties about your content and your sales.

14. Changes to these terms

We may change these terms with 30 days notice by email. If you keep using the service after that date, the new terms apply. If you do not agree, you can cancel before they apply.

15. Custom storefront

• A self-hosted storefront is the Custom storefront add-on with the hosting on your side. It needs the same subscription: a tier per Store plus the add-on, with the same prices and notice period.
• Your storefront reaches your Store with a storefront key you create in the Admin and can revoke there. Keys stop working when the subscription or the add-on ends or on a serious breach. You keep them confidential and use them only for your own storefronts.
• You run the storefront. Its hosting, availability, security and updates are your responsibility, and section 10 applies to the platform, not to your storefront. The platform still stores and processes your shop's data, so sections 7 and 11 apply as for every shop.
• If we host your storefront, we build and run it from your own repository. The code stays yours, and so do its maintenance and any bugs. We may hold back or take down a version that does not work or puts other shops at risk.
• Support is the same email support, and questions about the API are answered there too. We do not maintain your storefront's code.

16. Law and disputes

Dutch law applies. If we disagree, we first try to solve it together. Disputes we cannot solve go to the court of Overijssel, Netherlands.