Terms of service

⚓ THE ECOM PIRATES®: TERMS OF SERVICE

Version 1.1 | Governing Law: Alicante, Spain

1. The Code (Preamble)

Before we weigh anchor, every Merchant must agree to the Pirate’s Code. These are the rules of our voyage:

  • The Merchant’s Duty: You provide the maps (data) and the cargo (content). We build the ship. Your timely participation is the wind in our sails.

  • Secure the Bounty: Your data is your treasure. We treat it with 100% confidentiality and will never sell or share it outside our crew.

  • The Horizon is an Estimate: Project timelines are our best navigation estimates. The sea (client delays, third-party tech) may shift the arrival date, and we cannot be held liable for delays.

  • A Deal is a Deal: We work in pre-paid phases. Once a voyage begins, there are no refunds for silver already spent on labor.

  • The Captain’s Word is Law: The voyage officially begins only when the parchment is signed and the first invoice is settled in full.

2. Engagement & Scope

2.1 Project Initiation: A project is considered "Active" only upon receipt of a digitally signed Proposal and the successful payment of the first Phase Invoice.

2.2 Scope of Work: We provide Shopify/SparkLayer configuration, migrations, and builds as defined in your specific Quote. Any work requested outside of this "Map" will be billed at our Standard Hourly Rate, subject to your prior approval.

2.3 Client Obligations: You agree to provide accurate information and confirm that your business operates legally under all local laws and Shopify’s own TOS. No "black-market" cargo (illegal products) allowed on our ships.

3. The Treasure (Payment Terms)

3.1 Phased Payments: Our voyages are split into 4-5 phases. Each phase must be 100% pre-paid.

3.2 Payment Timeline: Invoices must be settled within 14 days. To keep the crew motivated, work on the next phase will not commence until the previous invoice is cleared.

3.3 Commitment: By signing the Quote, the Merchant commits to the full project roadmap. One-sided termination does not absolve the Merchant of the obligation to pay for work already scheduled or performed.

4. Navigating The Seas (Liability & Warranty)

4.1 Third-Party Tools: We are an agency, not a platform. We are not responsible for the uptime, bugs, or sudden "storms" caused by Shopify, SparkLayer, or any third-party apps.

4.2 The "Brick & Mortar" Rule: We are your contractors. Like a builder of a physical store, we are responsible for the construction, not the sales. We offer no guarantee of commercial results, income, or traffic.

4.3 Launch Sign-Off: Before "flipping the switch" (DNS update), the Merchant must complete and sign our Launch Checklist. Once you flip the switch, you accept the store "as is."

4.4 Liability Cap: To the maximum extent permitted by law, Ecom Pirates' total liability for any claim is limited to the total amount paid for the specific project phase in question.

5. Intellectual Property & Marketing

5.1 Ownership: Upon final payment of all invoices, the Merchant owns the specific configuration and design of their store.

5.2 Merchant’s Flag: You grant Ecom Pirates® the right to use your store’s name, logo, and project results in our marketing materials and "Wall of Fame" (Use Cases).

5.3 Affiliate Bounty: We may use affiliate links for third-party tools. This helps us keep our service fees competitive and does not increase your costs.

6. Privacy (GDPR & US Privacy Acts)

6.1 Data Processing: We act as the "Processor" and you as the "Controller." We process personal data only to execute the project.

6.2 Security: We implement technical and organizational measures to ensure your data is safe from "digital pirates" and breaches.

6.3 No Abuse: We will never use your customer data for our own gain or share it with any third party, except for authorized "sub-processors" (like necessary app developers) required to finish the build.

7. Abandoning Ship (Termination)

7.1 Maintenance/Recurring Services: Any recurring maintenance requires a 60-day written notice to cancel.

7.2 Project Termination: If a project is cancelled mid-build, we will discuss a "Kill Fee" based on the resources allocated, but all pre-paid amounts for the current phase are strictly non-refundable.

8. Jurisdiction & The Unforseen

8.1 Governing Law: This agreement is governed by the laws of Alicante, Spain. Any disputes shall be settled in the courts of Alicante.

8.2 Force Majeure: We are not liable for delays caused by "Acts of God" or the Sea—natural disasters, wars, pandemics, power outages, or global supply chain failures.

8.3 Supremacy: These Terms of Service override any "Terms of Purchase" or documents provided by the Merchant.