Flex Terms and Conditions

1. Service Overview

The Flex Webshop service is a Magento 2-based e-commerce solution designed for scalability, flexibility, and performance. Built on the open-source Magento 2 platform, Flex supports custom integrations and third-party modules, making it ideal for businesses seeking growth or unique online store features. The Service includes the Flex theme, proprietary modules, and a comprehensive suite of features: scalable hosting dynamically adjusted to accommodate your shop’s growth, quarterly Magento 2 core security updates and maintenance, server maintenance, 7-day backups, malware detection, Admin Two-Factor Authentication, a custom one-page checkout, quarterly theme upgrades, specialized Magento 2 support, and marketplace integration capabilities.

2. Subscription and Pricing

• Minimum Subscription Period: The Flex Webshop service requires a minimum commitment of four (4) months. After this period, cancellation is possible at any time with written notice, as outlined in Section 3.
• Pricing:
  • Monthly cancelable plan (post-initial 4 months): €1190 or €1490 per month (prices subject to change).
  • All prices exclude applicable taxes, which will be applied as required.
  • A setup-fee can be applied.
• Subscription Renewal: As we require a minimum of two weeks to prepare your webshop, the subscription renewal date is set to 30 days after the go-live date of your webshop, rather than the initial payment date. This aligns your billing cycle with the actual launch of your store.
• Add-On Fees: Optional features, such as Hyvä Checkout integration, incur a one-time fee of €1,000 to cover the license cost. We handle all style integrations for add-ons. Please contact us to confirm compatibility with desired shipping and payment methods.
• Payment Terms: Subscription fees and invoices are automatically charged monthly to the designated payment method and must be paid in advance. You authorize ShopWhizzy to automatically charge the registered payment method for all applicable fees, including subscription renewals and add-on fees, without requiring additional approval for each charge. Non-payment may lead to suspension or termination of your Flex Webshop service. If an invoice remains unpaid for 5 days, your webshop will be automatically deactivated until payment is settled. If non-payment continues for 14 days, your webshop will be permanently deleted from our servers, and a database dump of your data will be sent to the registered email address. To recover a deleted webshop from a backup, a one-time fee of €300 is required, subject to the backup retention policy in Section 3.

3. Cancellation and Data Access

• Cancellation: After the initial 4-month period, you may cancel your subscription with written notice. Cancellation takes effect at the end of the current billing cycle.
• Data Retention: Upon cancellation, you will receive a database dump of your webshop data, excluding the ShopWhizzy Flex theme and its dependencies. This data can be used to set up a new Magento shop or migrate to another platform. You are responsible for maintaining your own data backups.
• Backup Retention and Recovery: The final backup of your webshop data is stored in cold storage for 90 days after deletion due to non-payment or cancellation. Within this 90-day period, you may restore your webshop from the backup for a one-time recovery fee of €300. After 90 days, the backup is permanently destroyed and cannot be recovered.

4. Customization and Module Integration

• Customization: You can modify certain aspects of your Flex webshop as detailed in our user documentation. Additional support is available through the Magento user manual (in English).
• Third-Party Modules: Integration of modules from providers like Amasty or Mirasvit is supported if they are Hyvä compatible. We will adjust styles to ensure compatibility with your webshop’s design. You are responsible for acquiring any third-party module licenses.
• Custom Development: For bespoke features, enhancements, or data optimization, you may purchase development hours via our support and maintenance services at shopwhizzy.com/support-and-maintenance-services. All custom development is performed in-house by ShopWhizzy and is not shareable with external developers or freelancers. Where possible, custom code will be included in the data provided upon cancellation, as outlined in Section 3.

5. Maintenance and Updates

We centrally manage all maintenance for the Flex Webshop service, including bug fixes and feature updates. Quarterly reports will inform you of any enhancements or fixes applied. No maintenance tasks are required from you.

6. Migration to Flex

• From Magento Webshops: Existing Magento webshops can integrate Flex, often after a cleanup to resolve any issues. We tailor the process to ensure a smooth transition.
• From Other Platforms: Migration from other CMS or platforms is supported. We will evaluate your current system, discuss your needs, and create a customized migration plan.

7. Marketplace Integration

Flex supports connections to marketplaces like Bol.com and Amazon via tools like Channable, which streamlines product information management, optimization, and distribution. Contact us to verify compatibility with your preferred marketplaces.

8. Magento 2 Compatibility

Flex functions as an overlay on Magento 2, preserving all core functionalities and extension capabilities of the Magento 2 platform.

9. Intellectual Property

• Ownership: The Flex theme and its dependencies are proprietary to ShopWhizzy and are removed upon cancellation, as noted in Section 3.
• Your Content: You retain ownership of all data and customizations you create or provide within your Flex webshop, subject to these Terms.

10. Limitation of Liability

To the maximum extent permitted by law, ShopWhizzy is not liable for indirect, incidental, or consequential damages, including loss of profits or data, arising from your use of the Service. Our total liability for any claim is limited to the fees you paid for the Service in the prior six (6) months.

11. Termination

We may suspend or terminate your access to the Service for breaches of these Terms, non-payment, or actions that harm the Service or other users. Upon termination, your data will be provided as described in Section 3.

12. Governing Law

These Terms are governed by the laws of Portugal. Any disputes arising under these Terms will be resolved in the courts of Oporto, Portugal.

13. Contact Information

For inquiries, support, or specific requirements (e.g., module or marketplace integrations), contact us at support@shopwhizzy.com.

14. Amendments

We may revise these Terms periodically. You will be notified of significant changes, and continued use of the Service constitutes acceptance of the updated Terms.