Legal Terms

ABILITY OMS RETAIL CLOUD PLATFORM

2-Day FREE TRIAL AGREEMENT
Last Updated January 18, 2023

Welcome to ABILITY OMS RETAIL CLOUD PLATFORM, a multi-channel integrated order, inventory, fulfillment, financials, reporting and point-of-sale cloud Software-as-a-Service platform owned and operated by Ability Commerce. The integrated software you need to orchestrate and optimize your B2C, B2B and D2C your retail commerce business.

The following terms and conditions govern our relationship with our Free Trial COMPANY AUTHORIZED USERS who interact with ABILITY OMS RETAIL CLOUD PLATFORM.

INTRODUCTION
  • 1.1. Acceptance. By using Ability Commerce’s 2-Day Free Trial of the ABILITY OMS Retail Cloud Platform (“SERVICE”), you are agreeing on behalf of the COMPANY using the SERVICE (“COMPANY” or “You”) that COMPANY will be bound by and is becoming a party to this 7-Day Trial Agreement (“AGREEMENT”) and that you have the authority to bind COMPANY. COMPANY is not authorized to use SERVICE unless and until it has agreed to be bound by this AGREEMENT.

  • 1.2. Free Trial Exclusion: COMPANY may not access the SERVICE if COMPANY is a direct competitor to Ability Commerce.

  • 1.3. Scope. Terms govern COMPANY’S use of the SERVICE. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.

  • 1.4. Incorporated Terms. The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into the Terms of this AGREEMENT to which you are agreeing to be bound:
  • 1.5. Contracting Entity. “Ability Commerce” represents the entity with which you are entering into these Terms. If you have previously entered into an agreement with Ability Commerce, then “Ability Commerce” means that entity.
DEFINITIONS
  • 2.1. “2-DAY FREE TRIAL REGISTRATION FORM” means the form submitted by COMPANY’s representative electronically for trial use of the SERVICE where these Terms apply.

  • 2.2. “SERVICE” means the ABILITY OMS Retail Cloud Platform which is Software-as-a-Service comprised of: i.) ABILITY OMS Retail Cloud software (“ABILITY OMS”) owned and licensed by Ability Commerce; ii.) third-party software; and iii.) third-party hosting service under contract with Ability Commerce and managed by Ability Commerce; where Ability Commerce offers multiple Service Plans with Plan specific terms with monthly subscription fees.

  • 2.3. “2-DAY TRIAL SERVICE” or “TRIAL SERVICE” means Ability Commerce’s limited time, free subscription to SERVICE, offered to COMPANY directly from Ability Commerce limited to evaluation hereunder pursuant to the applicable Terms stated within for the stated TRIAL PERIOD.

  • 2.4. “LICENSE” means Ability Commerce’s grant to COMPANY for SERVICE access. ABILITY OMS is licensed on a limited use based on the number of Named User licenses authorized in ABILITY OMS through Named User Activation by way of a Free Trial and/or purchase subscription by COMPANY.

  • 2.5. “AUTHORIZED USER” means COMPANY’s individual employee, contractor or agent COMPANY has authorized to use the SERVICE by way of a SERVICE Named User assignment.

  • 2.6. “EFFECTIVE DATE”: Shall be the day you click to initiate the SERVICE.

  • 2.7. “TRIAL PERIOD” means the two-day period immediately starting upon the EFFECTIVE DATE, unless extended by Ability Commerce in its sole discretion.

  • 2.8. “THIRD-PARTY PRODUCTS” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with the SERVICE.
AUTHORIZATIONS
  • 3.1. Grant. Subject to the terms and conditions of this AGREEMENT, COMPANY will have a personal, non-transferable, non-exclusive, and limited right to use or have access to the TRIAL SERVICE during the TRIAL PERIOD solely for the purpose of evaluating the suitability of the SERVICE for COMPANY’s use.

    SERVICE is licensed on a monthly subscription and not sold, however in the case of the STARTER PLAN TRIAL SERVICE,
    no fee nor credit card is required.

    2-Day Free Trial is comprised of support for:

    • 3.1.1. Up to two (2) ABILITY OMS Named User Trial Licenses (Authorized Users)
    • 3.1.2. Up to two hundred (200) SKUs
    • 3.1.3. Up to two hundred (200) Orders
    • 3.1.4. Up to two (2) Warehouses
    • 3.1.5. One (1) Division
PROVISION OF TRIAL SERVICE; PASSWORDS

Upon receipt of COMPANY’s TRIAL REGISTRATION FORM, Ability Commerce will qualify COMPANY’s Authorized User for the Free Trial. Provided COMPANY meets Ability Commerce’s Trial qualification, Ability Commerce will provide access to the TRIAL SERVICE promptly following the EFFECTIVE DATE. COMPANY’s AUTHORIZED USER may access the TRIAL SERVICE through a combination of usernames and passwords assigned by Ability Commerce. COMPANY shall be entirely responsible for maintaining the confidentiality of the password(s) assigned to COMPANY. COMPANY shall immediately notify Ability Commerce if a password is lost, stolen, disclosed to an unauthorized third-party, or has otherwise been compromised. COMPANY shall be solely responsible for any and all activities made under COMPANY’s account and will defend, indemnify and hold Ability Commerce harmless from and against all damages, penalties, costs and expenses (including reasonable attorney's fees) incurred by Ability Commerce in connection with any suit, claim or proceeding arising or resulting from COMPANY’s failure to comply with the terms of this AGREEMENT.

ABILITY CONNECTOR TO BIGCOMMERCE

Integration between ABILITY OMS and BigCommerce is available for trial upon general availability release.

SUPPORT

Other than providing online documentation and video access (as available), Ability Commerce shall have no obligation to support the TRIAL SERVICE, however, Ability Commerce shall make best efforts to respond to COMPANY’s questions when submitted to sales@abilitycommerce.com.

CLOUD HOSTING SERVICES

Ability Commerce is under contract with a leading provider of cloud hosting services, a critical service component to the Ability Commerce’s SERVICE provided to COMPANY.

EXCLUSIONS

While the following functionality is offered in paid Plan subscriptions of ABILITY OMS (such as ABILITY OMS integration with third-party software including but not limited to payment processing, tax processing, Amazon integration, etc.), third-party software interoperability is excluded from the TRIAL SERVICE. Additional functionality associated with the ABILITY OMS production version may be excluded by Ability Commerce in the Free Trial.

PUBLISHED APIs

For future use with a paid Plan subscription, Ability Commerce offers published APIs (application programming interfaces) to simplify integration between ABILITY OMS and third-party applications. For API information, contact sales@abilitycommerce.com

FEEDBACK

COMPANY agrees that any materials that it provides to Ability Commerce, including but not limited to questions, comments, suggestions, ideas, plans, notes, modifications, improvements, original or creative materials or other information regarding the TRIAL SERVICE, whether such materials are provided in email, feedback forms, or any other format (the “Feedback”), shall belong exclusively to Ability Commerce, without any requirement to acknowledge or compensate COMPANY. COMPANY agrees to assign, and hereby assigns, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to Ability Commerce. Ability Commerce may disclose or use Feedback for any purposes whatsoever without any obligation to COMPANY.

All COMPANY feedback is to be directed to sales@abilitycommerce.com.

FURTHER CONTACT BY ABILITY COMMERCE

With COMPANY’S acceptance of this AGREEMENT, COMPANY agrees to receiving marketing emails from Ability Commerce.

TERM; TERMINATION

This AGREEMENT shall commence on the Effective Date and continue until the end of the TRIAL PERIOD unless terminated earlier by COMPANY or terminated by Ability Commerce. Ability Commerce may terminate these Terms or COMPANY’s TRIAL SERVICE at any time, with or without notice.

EFFECT OF TRIAL TERMINATION OR EXPIRATION

Upon the expiration or termination of this AGREEMENT for any reason all authorizations granted hereunder automatically revert to Ability Commerce and COMPANY will no longer have access to the TRIAL SERVICE.

It is at Ability Commerce’s discretion as to when your trial data will be permanently deleted and no longer accessible.

For purchasing assistance, contact sales@abilitycommerce.com.

Ability Commerce will have no liability to COMPANY or any third-party because of such termination.

SURVIVAL

All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, confidentiality, limitations of liability indemnification, and warranty.

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