Terms of Service

Last Updated: May 5, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Agellic Commerce ("Company," "we," "us," or "our"), a company based in Alberta, Canada. These Terms govern your access to and use of our website(s), mobile applications, marketplace stores (including but not limited to Amazon), and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

2. Description of Services

Agellic Commerce operates as:

• An authorized reseller on various marketplace platforms, including Amazon
• A direct-to-consumer retailer through our owned brands
• An e-commerce group managing multiple online stores and brands

Each individual store or brand may have additional specific terms that apply to purchases made through that particular channel.

3. Eligibility

You must be at least the age of majority in your province or territory of residence to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement.

4. Account Registration

4.1 Account Creation

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4.2 Account Termination

We reserve the right to suspend or terminate your account at our discretion, including for violation of these Terms.

5. Purchases and Payment

5.1 Product Information

We strive to display accurate product information, but we do not warrant that product descriptions, pricing, or other content is error-free.

5.2 Pricing

All prices are in Canadian dollars (CAD) unless otherwise specified. We reserve the right to change prices at any time without notice.

5.3 Payment

You agree to provide current, complete, and accurate payment information. You authorize us to charge your chosen payment method for all purchases.

5.4 Sales Tax

Applicable taxes will be added to your purchase as required by law.

6. Marketplace-Specific Terms

6.1 Amazon Purchases

Purchases made through our Amazon stores are subject to Amazon's terms and conditions in addition to these Terms.

6.2 Direct-to-Consumer Purchases

Purchases made through our direct-to-consumer websites are subject to these Terms and any additional terms specific to that brand.

7. Shipping and Delivery

7.1 Shipping Policy

Shipping times and costs vary based on:

• Product type
• Delivery location
• Shipping method selected
• Whether the order is fulfilled by us or a marketplace partner

7.2 Risk of Loss

For products shipped by us, risk of loss passes to you upon delivery to the carrier. For marketplace orders, risk of loss is governed by the marketplace's policies.

8. Returns and Refunds

8.1 Return Policy

Return policies vary by product and sales channel:

• Amazon purchases: Subject to Amazon's return policy
• Direct purchases: Subject to our 30-day return policy (unless otherwise specified)
• Certain items may be non-returnable

8.2 Refund Processing

Refunds will be processed to the original payment method within 5-10 business days of receiving the returned item.

9. Intellectual Property

9.1 Our Content

All content on our Services, including text, graphics, logos, and software, is owned by or licensed to Agellic Commerce and is protected by Canadian and international intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes.

9.3 Restrictions

You may not:

• Copy, modify, or distribute our content
• Use our trademarks without permission
• Attempt to reverse engineer our software
• Use automated systems to access our Services

10. User Content

10.1 Your Content

You retain ownership of content you submit to our Services but grant us a worldwide, royalty-free license to use, display, and distribute such content.

10.2 Prohibited Content

You agree not to submit content that:

• Infringes intellectual property rights
• Is defamatory, obscene, or offensive
• Contains viruses or malicious code
• Violates any applicable laws

11. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Disclaimers

12.1 "As Is" Basis

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied.

12.2 Third-Party Content

We are not responsible for third-party content, including product manufacturers' claims or marketplace policies.

13. Limitation of Liability

To the fullest extent permitted by law, Agellic Commerce shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services.

14. Indemnification

You agree to indemnify and hold harmless Agellic Commerce from any claims, damages, or expenses arising from your violation of these Terms or your use of our Services.

15. Governing Law

These Terms are governed by the laws of Alberta, Canada, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Alberta.

16. Dispute Resolution

16.1 Informal Resolution

We encourage you to contact us first to resolve any disputes informally.

16.2 Arbitration

If informal resolution fails, disputes may be resolved through binding arbitration in accordance with Alberta law.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or prominent notice on our Services.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Agellic Commerce.

20. Electronic Communications

By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning our Services.

21. Language

These Terms are drafted in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.

22. Contact Information

For questions about these Terms, please contact us at:

Agellic Commerce
48 Silver Ridge Rise NW
Calgary, Alberta, Canada
T3B 4P7
Email: andrew@agellic.com
Phone: +1-403-406-0250

Note: This Terms of Service is a draft and should be reviewed and customized by your legal counsel to ensure compliance with all applicable laws and regulations.