Terms of Use

1. Definitions

• "Merchant" or "you" means any person or entity that registers for an account to create and operate an online store using the Service.
• "Store" means an online store created and operated by a Merchant through the Service.
• "Customer" means an end user who visits or purchases from a Merchant's Store.
• "Content" means any text, images, product listings, prices, logos, and other materials a Merchant uploads to or displays through the Service.
• "Payment Processor" means a third-party payment provider integrated with the Service to handle Customer payments.
• "Free Tier" means any version of the Service offered at no cost, with limited features. "Paid Plan" means any subscription plan offered for a recurring fee.

2. Eligibility and Accounts

To use the Service you must be at least 18 years old and capable of forming a binding contract. You must provide accurate, complete, and current registration information and keep it up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorised use. We are not liable for any loss arising from your failure to keep your credentials secure.

You may use the Service only in compliance with these Terms and all applicable laws of Portugal, the European Union, and any other jurisdiction in which you operate your Store.

3. The Service and the Free Tier

Lojini provides software tools that allow Merchants to create, customise, and operate online Stores. We provide the platform only. We do not sell, supply, or take ownership of any products or services offered through your Store, and we are not a party to any transaction between you and your Customers.

We offer a Free Tier with limited functionality and one or more Paid Plans with additional features. We may change the features, limits, or availability of any tier, including the Free Tier, at any time. Where a change materially reduces a Paid Plan you are subscribed to, we will give you reasonable advance notice.

We do not guarantee that the Service will be uninterrupted, error-free, or available at any particular level unless a separate service level agreement has been signed. We may perform maintenance, updates, and modifications that temporarily affect availability.

4. Subscriptions, Fees, and Payment

Access to Paid Plans requires payment of the applicable subscription fee, charged in advance on a recurring basis (monthly or annually, as selected). Displayed subscription fees include VAT; no VAT is added to the displayed amount.

Subscriptions renew automatically for successive periods unless cancelled before the end of the current period. You may cancel at any time through your account; cancellation takes effect at the end of the current billing period and you will retain access until then.

Except where required by law, subscription fees already paid are non-refundable, and we do not provide refunds or credits for partial periods or unused features. We may change our fees on reasonable prior notice, with changes taking effect at your next renewal.

If a payment fails or is overdue, we may suspend or downgrade your account after notice. Statutory withdrawal rights that apply to you under EU consumer law, where applicable, are not affected by this section.

5. Payments to Merchants and Payment Processors

Lojini does not process, hold, or transmit funds from Customer purchases. All Customer payments are handled by third-party Payment Processors that you connect to your Store. Your use of any Payment Processor is governed by that provider's own terms, and you are responsible for entering into and complying with those terms.

We are not responsible for the acts, omissions, fees, settlement times, chargebacks, or availability of any Payment Processor, and we have no liability for funds handled by them. You are solely responsible for refunds, chargebacks, and disputes arising from sales in your Store.

6. Merchant Responsibilities

You are solely responsible for your Store, including all Content, the products and services you offer, your pricing, your fulfilment, your customer service, and your compliance with law. In particular, you agree that you will:

• comply with all applicable consumer protection, e-commerce, distance-selling, labelling, tax, and product-safety laws;
• provide your Customers with accurate information and with all legally required terms, including your own returns, refund, and privacy policies;
• hold all rights, licences, and permits necessary to sell what you offer; and
• act as the data controller for your Customers' personal data and comply with the GDPR and applicable data protection law in that capacity.

You acknowledge that the relationship between you and your Customers is solely between you and them. Lojini is not responsible for any dispute, claim, or loss arising from sales made through your Store.

7. Acceptable Use

You must not use the Service to sell, promote, or distribute anything that is illegal or that we reasonably consider harmful or prohibited, including:

• goods or services whose sale is unlawful in the jurisdictions you serve;
• counterfeit goods or items that infringe the intellectual property or other rights of third parties;
• weapons, regulated drugs, or other restricted items sold contrary to law;
• content that is fraudulent, deceptive, defamatory, obscene, or that exploits or endangers minors; and
• malware, or any attempt to disrupt, probe, reverse-engineer, or gain unauthorised access to the Service or its infrastructure.

You must not resell, sublicense, or make the Service available to third parties except as the intended operation of your own Store, and you must not use the Service to build a competing product.

8. Intellectual Property

The Service, including all software, design, text, and the Lojini name and registered trademark, is owned by Com Tradições Lda or its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for the duration of your subscription, solely to operate your Store in accordance with these Terms.

You retain all rights in your own Content. By using the Service, you grant us a non-exclusive, worldwide licence to host, store, reproduce, and display your Content only to the extent necessary to provide and operate the Service. You represent that you hold all rights necessary to grant this licence and that your Content does not infringe any third-party rights.

9. Data Protection

Our handling of personal data relating to your use of the Service is described in our Privacy Policy and Cookie Policy. In respect of personal data of your Customers that you process through the Service, you act as the controller and Lojini acts as a processor; that relationship is governed by our Data Processing Agreement, which forms part of these Terms where applicable.

10. Suspension and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay fees due, or use the Service in a way that we reasonably believe is unlawful or harmful to us, other users, or third parties.

On termination, your right to use the Service ends and your Store will cease to be available. We may delete your Content after a reasonable period, subject to any legal retention obligations. You remain responsible for fulfilling obligations to your Customers that arose before termination.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements or that it will be secure, uninterrupted, or free of errors. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including statutory rights of consumers.

12. Limitation of Liability

To the maximum extent permitted by law, Lojini shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or in connection with the Service.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the total amount of subscription fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.

13. Indemnity

You agree to indemnify and hold harmless Com Tradições Lda and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your Store, your Content, the products or services you sell, your breach of these Terms, or your violation of any law or third-party right.

14. Changes to These Terms

We may amend these Terms from time to time. Where changes are material, we will give you reasonable notice by email or through the Service before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance. If you do not agree to the changes, you may terminate your account before they take effect.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Portugal, without regard to conflict-of-law rules, and subject to any mandatory consumer protection provisions of the law of your country of residence within the EU. Subject to those mandatory protections, the courts of Portugal shall have jurisdiction over any dispute arising out of or relating to these Terms, save that consumers may also bring proceedings in the courts of their place of residence.

If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform to seek an out-of-court settlement.

16. General

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. These Terms, together with our Privacy Policy, Cookie Policy, and (where applicable) Data Processing Agreement, constitute the entire agreement between you and us regarding the Service.

17. Contact

Questions about these Terms can be sent to Com Tradições Lda (NIF 503797430) at the contact details published on https://lojini.com/. Our registered office is at Rua do Cruzeiro 39 B, 1300-162 Lisboa, and you can email us at [email protected].