Terms of Service

About these Terms

These Terms of Service ("Terms") are an agreement between you and Swifty LLC ("ShopFast", "we", "us"), a company registered in Colorado, United States under number 20241506844, with its registered address at 1942 Broadway St. STE 314C, Boulder, CO 80302, United States. They apply when you create a ShopFast account, open or run a store, invite people to help run it, or use ShopFast's dashboard, API, bots, themes, plugins or any other part of our service (the "Service").

"You" means the person who accepts these Terms. If you accept them for a company or another organisation, "you" also means that organisation, and you confirm that you have the authority to bind it. Everyone you invite to your store accepts these Terms for their own use of the Service, and you are responsible for what they do in your store.

You accept these Terms when you create an account or use the Service. If you do not agree to them, do not use the Service.

These Terms include the Acceptable Use Policy, the Copyright and Takedown Policy and the Data Processing Addendum. The Privacy Policy explains how we handle personal data as a controller.

Buyers do not accept these Terms by buying from a store. A purchase is a contract between the buyer and the seller, under the seller's own terms. Anyone, buyer or not, can tell us about illegal content or a breach of our policies at Report abuse.

Who can use ShopFast

To use the Service, you must:

• be at least 18 years old and able to enter into a binding contract;
• use the Service for business purposes, as a company or as an individual running a business, and not as a consumer;
• not be located in, ordinarily resident in, or organised under the laws of a country or region under comprehensive sanctions, which currently means Cuba, Iran, North Korea, and the Crimea, Sevastopol, Donetsk and Luhansk regions of Ukraine;
• not be named on, or owned or controlled by anyone named on, a sanctions list of the United Nations, the United States (including the OFAC Specially Designated Nationals list), the European Union, the United Kingdom or any other country whose sanctions apply to ShopFast or to you; and
• not have had an account closed by us for breaking these Terms, unless we have agreed in writing that you may come back.

We may ask you for information that shows who you are, who owns or controls your business and where it is based, and we may limit or suspend the Service until you provide it.

Your account and its security

• Give accurate information when you sign up and keep it up to date, especially the email address we use to reach you.
• Keep your password, two-factor codes, recovery codes, API keys and access tokens secret. We strongly recommend two-factor sign-in, and you can require it for your team.
• You are responsible for everything done through your account, your API keys and the access you give others. Give each team member their own login with only the permissions they need.
• If you think someone has used your account without permission, tell us at once at [email protected].
• One account per person. You may run several stores from one account, but you must not open accounts to get around a limit, a suspension or an offer meant to be used once, such as free AI credits.
• You may hand a store's ownership to a member of its team in the dashboard; the new owner must accept these Terms. Otherwise you must not sell, rent or transfer your account or a store without our written consent.

You are the seller

You are the seller, and the seller of record, for every sale in your store. ShopFast provides the software and the hosting; it does not buy, sell or resell your products. You are responsible for:

• Your products. What you sell, that it is lawful where you and your buyers are, that it works as described, and that you hold every right and licence needed to sell it, including the right to resell or distribute any license keys, game keys, software and files.
• Descriptions and prices. Accurate and complete descriptions, system requirements, durations and limits; prices that include any taxes and charges the law requires you to show; and the main terms of any subscription or automatic renewal, shown before the buyer pays.
• Who you are. Showing buyers your identity and contact details where the law requires it. You can add your business details in Settings → General; they are printed on your invoices and in your store's emails.
• Your store's policies. Terms of sale, a refund policy and a privacy policy that are accurate and lawful. Every new store gets starter text for these pages. It is a starting point, not legal advice, and you must review and adapt it.
• Consumer law. The consumer protection rules that apply to your sales, including, in the EU and the UK, the right of withdrawal for digital content and digital services. For digital content, for example, the buyer's right of withdrawal ends when delivery starts only if the buyer expressly agreed to immediate delivery and acknowledged losing the right before delivery, and you confirmed this to them afterwards. Setting this up correctly for your store is your responsibility.
• Delivery, support and refunds. Delivering what you sold, answering buyers, and handling complaints, refunds, replacements, cancellations and disputes, including chargebacks with your payment provider.
• Taxes. Registering for, charging, collecting, reporting and paying every tax on your sales, such as VAT, GST and sales tax, wherever it is due. On your own payment setup ShopFast adds no tax at checkout and files nothing for you.
• Payment providers. Opening and keeping an account with each payment provider you connect, and following its terms, including its lists of prohibited products and businesses.
• Your buyers' personal data. You are its controller. You need a lawful basis for what you collect; you must tell buyers how you use their data, including that ShopFast processes it for you; you must get consent where the law requires it, for example for marketing emails or for analytics and advertising tools on your storefront; and you must answer their requests. The Data Processing Addendum sets out how we process that data for you.
• Your marketing. The emails, messages and ads you send or run, which must follow the law, including the rules on consent and unsolicited messages.
• Licences and permits that your business needs.

ShopFast is not a party to your sales

• Each sale is a contract between you and your buyer. ShopFast is not the seller, the merchant of record, an agent or a reseller for your sales, and is not a party to them.
• When buyers pay through your own payment provider, your crypto wallet or a manual payment method, the money goes from the buyer to you or to your provider. ShopFast never receives, holds or transmits it, and cannot refund, reverse, hold or release it.
• We do not guarantee that a buyer will pay, that a payment will not be reversed, or that a buyer is who they say they are. Fraud Shield helps you decide which checkouts to accept, but the decisions and their consequences remain yours.
• If a buyer contacts us about a purchase, we refer them to you and may give them the contact details your store shows. We do not settle disputes between you and your buyers, but we may act under these Terms, for example on a report of illegal content or fraud.

Payment providers and your keys

• You connect your own payment providers (for example Stripe, PayPal, Square, Mollie, Razorpay, Paystack, NOWPayments, Cryptomus or your own BTCPay Server), a crypto wallet, manual payment methods or payment plugins. Your agreement with each provider is between you and that provider.
• When you connect a provider, you authorise us to use the keys or credentials you give us to create checkouts, confirm payments, register webhooks, issue the refunds you ask for, read refunds and disputes, and charge saved payment methods for renewals your buyers agreed to. We store these credentials encrypted and use them only to run your store.
• For crypto paid to your own wallet, you give us receiving addresses or extended public keys (xpubs), never private keys. We use them to give each order its own payment address or amount, and we read public blockchains to see when it is paid. You are responsible for your wallet, its keys and its backups.
• Your provider may hold, refuse, reverse or delay payments, freeze or close your account, or change its fees and rules. We are not responsible for what a provider does and cannot recover money from it for you.
• You must not use the Service to take payments for anything other than the products in your store, or on behalf of another business.

ShopFast Pay

ShopFast Pay is available only to stores ShopFast approves in writing; additional terms apply then.

Acceptable use

You must follow the Acceptable Use Policy. In short, you must not use the Service to sell or promote anything illegal, harmful, infringing or deceptive, or to get around the controls of ShopFast or of your payment providers. The policy lists what is not allowed and how we enforce it.

Intellectual property and takedowns

• ShopFast's software, dashboard, API, documentation, templates, designs, logos and brand belong to us or our licensors. While your account is open, we give you a limited, non-exclusive, non-transferable and revocable right to use the Service, and the themes and templates it offers, for your stores on ShopFast.
• You must not copy, resell or sublicense the Service; reverse engineer it, except where the law allows this despite this restriction; access it by automated means other than our API within its limits; or remove our notices.
• If you send us ideas or feedback, we may use them without any obligation to you.
• We respond to notices of infringement under the Copyright and Takedown Policy, and anyone can report content that infringes their rights at Report abuse. In appropriate circumstances we close the accounts of repeat infringers.

Your content and the licence you give us

• You keep ownership of everything you upload or create in the Service, such as products, files, keys, images, text and themes ("Your Content").
• You give ShopFast a worldwide, non-exclusive, royalty-free licence to host, store, copy, cache, transmit, display, format, resize, compress and distribute Your Content, to deliver it to your buyers, to mark downloads with a watermark when you turn that on, and to translate or rewrite it when you ask an AI feature to. The licence is only for running, securing and supporting the Service and for following the law. It lasts while Your Content is in the Service and for the time needed afterwards to remove it from our systems and backups.
• We will not use your store's name or logo to promote ShopFast without your permission.
• You confirm that you own Your Content or have every right needed to give this licence, and that Your Content, and our use of it under these Terms, does not infringe anyone's rights or break the law.
• Check anything an AI feature produces before you publish it. As between you and us, you own what AI features produce for your store, to the extent the law allows.
• We do not review Your Content before it is published and have no general obligation to monitor it, but we may act on it as described in How we moderate content.

Fees

• Opening a store is free. If you choose a plan with a monthly fee, the dashboard (Settings → Billing) shows its price before you agree to it, and you pay each month in advance. If a plan fee stays unpaid 7 days after it is due, your store moves back to the free plan.
• On orders paid through your own payment provider, crypto wallet or manual payment method, ShopFast charges no fee per sale. Your provider charges its own fees under your agreement with it.
• AI features use AI credits, which you buy in advance in AI → Credits at the prices shown there. AI credits do not expire while your account is open, and are not refundable except where the law requires it.
• You pay ShopFast's fees with the card you save in Settings → Billing, or as we agree in writing. Prices exclude taxes, and you pay any VAT, sales tax or similar tax on our fees. Where we must charge tax on our fees, we add it to the invoice; where the reverse-charge rules apply to your business, you account for the tax yourself.
• Fees you have paid are not refundable, except where the law requires it or these Terms say otherwise.
• We may change our fees or introduce new ones. We tell you at least 30 days in advance by email or in the dashboard, and the change applies from your next billing period after that. If you do not agree, you can stop using the paid feature or close your account before then.

How we moderate content

This section explains how we decide whether content or a store breaks the law or our policies, and what you can do about our decisions, as the EU Digital Services Act requires. Under that Act, ShopFast is a hosting service, and an online platform for the stores it hosts that sell to the public.

Our rules

What is allowed is set out in these Terms, the Acceptable Use Policy and the Copyright and Takedown Policy. "Content" means anything in a store or sent through the Service: products with their files and keys, listings, images, pages, reviews, messages and marketing.

How we find out about content

• Reports from anyone, at Report abuse or by email to [email protected], and copyright notices under the Copyright and Takedown Policy.
• Orders and requests from courts and authorities.
• Our own checks. We look into signs of fraud or abuse, such as complaints from buyers, and we can check uploaded files for malware and block a file that fails the check.

Human review

A person on our team reviews every report and every case our checks raise before we remove content or restrict a store. Apart from blocking a file that fails a malware check, we do not take these decisions by automated means alone. Fraud Shield's checkout decisions follow each store's own settings; they are not decisions by ShopFast about a store's content.

What we may do

Depending on how serious the problem is, we may:

• ask you to change or remove content, or warn you;
• remove content or disable access to it, such as a product, a file, a page or a review;
• hide a product or your store from public view, or stop new orders;
• limit features, such as API keys, bots, emails or plugins;
• suspend your store or account, or close it (see Suspension and termination); and
• report content to the authorities where the law requires it, including when we suspect a criminal offence that threatens someone's life or safety.

We act in a timely, careful, objective and proportionate way, with regard to the rights and interests of everyone involved, including freedom of expression and information. We choose the least restrictive measure that deals with the problem.

Statement of reasons

When we remove or restrict your content, or suspend or close your store or account, we tell you by email unless the law or an authority forbids it. We say what we did and to which content, for how long, the facts we relied on (including whether a report led to it), whether automated means were used, which law or rule the content breaks and why, and how you can appeal. If you reported content, we tell you what we decided and how to appeal.

Appeals

You can appeal a decision within 6 months of being told about it, free of charge, by replying to our email or by writing to [email protected] with the decision's reference and why you think it is wrong. People who reported content can appeal our decision on their report in the same way. Where possible, someone who was not involved in the original decision reviews the appeal. We tell you the outcome and our reasons without undue delay, and if the decision was wrong we reverse it. If you are in the EU, you may also be able to take the dispute to a certified out-of-court dispute settlement body, and you can always go to court.

Misuse

If someone often sends reports or appeals that are manifestly unfounded, we may stop handling them for a reasonable time after warning them. If a store often provides manifestly illegal content, we may suspend it for a reasonable time after a warning.

Points of contact

Authorities of EU Member States, the European Commission and the European Board for Digital Services can reach us at [email protected]. Everyone else can reach us at [email protected] or at Report abuse. We accept messages in English. We are appointing a legal representative in the EU; until then, write to [email protected].

Suspension and termination

Closing your account

You can stop using the Service at any time. To close your account and delete your stores, write to [email protected] from the email address of your account. Export what you need first: products, keys, orders, customers and financial reports can be exported from the dashboard.

When we may suspend or close your account

We may suspend or limit all or part of the Service for you, or close your account, if:

• you break these Terms or our policies, or we reasonably believe you have;
• the law, a court or an authority requires it, or continuing would expose us or others to legal liability;
• your store puts buyers, ShopFast, other sellers or anyone else at risk, for example through fraud, malware or a security incident;
• you become subject to sanctions, or you do not give us information we asked for under Who can use ShopFast;
• your fees stay unpaid after your store has moved back to the free plan; or
• you have not used your account for 24 months and do not answer our email about it.

Notice

Before we suspend or close your account, we tell you why and, where the problem can be fixed, give you a reasonable time to fix it. We give at least 30 days' notice before closing an account for a reason other than a breach of these Terms. We act without notice where we must act quickly: for illegal content, fraud, malware, security threats or a risk of harm, or when the law or an authority forbids notice. In those cases we tell you as soon as we can. You can appeal a suspension or closure as described in How we moderate content.

What happens next

While your store is suspended it cannot take new orders and may be hidden. When your account is closed, your stores stop, and after 30 days during which you can ask us for an export (unless the law or the reason for closing prevents it), we delete your data as the Privacy Policy and the Data Processing Addendum describe. You remain responsible to your buyers for what you sold. Where we can, buyers keep access to the order pages of orders they already paid for at least 30 days after a store closes, unless what was sold is illegal. Fees you owe remain payable, and the parts of these Terms that by their nature should continue, such as fees owed, disclaimers, limitation of liability, indemnity and governing law, continue after closure.

Data protection

• We process personal data as a controller as the Privacy Policy describes.
• When we process your buyers' and visitors' personal data to run your store, you are the controller and we are your processor. The Data Processing Addendum forms part of these Terms and governs that processing; you accept it when you accept these Terms.
• You must meet your duties as a controller, including those under You are the seller.

Third-party services

The Service works with services we do not control: payment providers, Discord, Telegram, Google, the analytics, advertising and chat tools you add to your storefront, apps, plugins, themes made by other developers, and anything you connect through webhooks or the API. Their own terms and privacy policies govern your use of them. We are not responsible for them, for their availability, or for what they do with data you send them. We may stop supporting an integration if its provider changes it or if it creates a risk. You are responsible for any plugin, code or integration you add to your store.

Changes to the Service and availability

• We keep improving the Service and may add, change or remove features. If we remove a feature in a way that significantly affects you, we tell you in advance where we reasonably can.
• Some features are offered as early access, such as Licensing. They may change or stop at any time and come without any commitment about how long they will be available.
• We aim to keep the Service available, but we do not promise that it will be uninterrupted or free of errors. We may pause it for maintenance, for security, or for reasons outside our control. Our status page shows incidents and planned maintenance.
• Keep your own copies of your content and your keys.

Disclaimers

To the extent the law allows, the Service is provided "as is" and "as available". We make no warranties, express or implied, including of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the Service will meet your needs or be secure or free of errors, that Fraud Shield or any other feature will stop fraud or chargebacks, or that starter policy text, AI output, templates or documentation are accurate, complete or lawful for your business. Nothing ShopFast provides is legal, tax or financial advice. Some places do not allow some of these exclusions, so they may not all apply to you.

Limitation of liability

To the extent the law allows:

• Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, arising out of or in connection with these Terms or the Service, even if told that such loss was possible.
• Our total liability for all claims arising out of or in connection with these Terms or the Service in any 12-month period is limited to the greater of the fees you paid ShopFast in the 12 months before the event that gave rise to the claim, and US$100.
• These limits do not apply to your duty to pay fees, to your indemnity, or to liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.

Indemnity

You will defend and indemnify ShopFast, its affiliates and their officers, employees and agents against any claim, demand, fine or penalty brought by a third party (such as a buyer, a payment provider, a rights holder or an authority), and against the losses, damages and costs, including reasonable legal fees, that result from it, to the extent it arises out of: your products, store, content or sales; your breach of these Terms or our policies; your breach of the law, including consumer, tax, data protection, sanctions and intellectual property law; or a dispute between you and a buyer or a payment provider. We will tell you promptly about such a claim, let you control its defence, and cooperate reasonably at your cost. You may not settle a claim in a way that imposes obligations on us without our written consent.

Changes to these Terms

We may change these Terms. We tell you about significant changes by email or in the dashboard at least 30 days before they take effect, unless we must make a change sooner for legal or security reasons, or the change only concerns new features. The date at the top of this page shows when these Terms last changed, and we keep earlier versions available on request. If you do not agree to a change, you can close your account before it takes effect; if you keep using the Service after that, the new Terms apply to you.

Governing law and disputes

• These Terms, and any dispute or claim arising out of or in connection with them or the Service, including non-contractual ones, are governed by the law of the State of Colorado, United States, without regard to its rules on conflicts of law.
• Before you start proceedings, write to [email protected] and describe the dispute. We will both try in good faith to resolve it within 30 days.
• The courts of the State of Colorado (state and federal courts sitting in Denver) have exclusive jurisdiction, except that either of us may ask any competent court for urgent interim relief, and we may claim unpaid fees in the courts where you are based.
• Nothing in these Terms takes away rights that you have under law that cannot be excluded by contract.

General

• Entire agreement. These Terms, with the policies and the addendum they include and any additional terms we agree in writing, are the whole agreement between you and us about the Service. If they conflict, additional terms agreed in writing come first, then the Data Processing Addendum for personal data, then these Terms.
• Transfer. You may not transfer your rights or duties under these Terms without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition or sale of assets, and we will tell you if we do.
• Events outside our control. Neither of us is liable for a delay or failure caused by events outside reasonable control, such as outages of networks or providers, attacks, natural events or acts of government. This does not excuse a duty to pay.
• Waiver and severability. If we do not enforce a right, we have not waived it. If a court finds part of these Terms unenforceable, the rest stays in effect.
• Relationship. We are independent contractors. These Terms create no partnership, joint venture, employment or agency, and give no rights to anyone else except where they say so.
• Language. These Terms are written in English. If we provide a translation, the English text applies where they differ.

Notices and contact

• Legal notices: [email protected], with a copy by post to the address above.
• Illegal content and abuse: Report abuse or [email protected].
• Copyright notices: [email protected], as the Copyright and Takedown Policy describes.
• Privacy: [email protected].
• Support and everything else: [email protected].

We send notices to the email address of your account or show them in the dashboard. An email notice counts as received when we send it, unless we receive a message that it could not be delivered. Keep your email address up to date.