YourCart Terms of Service

Last Updated: 2 August 2026 · Version 1.4.0

These Terms of Service ("Terms") govern your access to and use of the YourCart platform. They form a binding contract between YourCart Ltd (registered as YOURCART.STORE LTD, Companies House No. 15316188, registered office 15 Timperley Lane, Leigh, Greater Manchester, WN7 3DZ, United Kingdom; "YourCart", "we", "us") and the merchant identified at sign-up (the merchant, "you"). By creating a YourCart account, by accessing the platform, or by paying any subscription fee, you agree to these Terms in full.

If you do not agree to these Terms, do not access or use the platform.

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1. Definitions

• "Platform" means the YourCart software-as-a-service offering, including the vendor admin application, the customer-facing storefronts and branded mobile apps published on your behalf, the public APIs, and any related features, documentation, and channels.
• "Service" means the operation of the Platform on your behalf under these Terms.
• "Account" means the merchant account established under your sign-up.
• "End Customer" means a person who interacts with your storefront or branded apps as a buyer.
• "Subscription Fee" means the recurring fee for your selected pricing tier, as displayed at sign-up or as otherwise agreed in writing.
• "Founding Cohort" means the founding-cohort programme described in section 4.4 and in our pricing page at yourcart.store/pricing.
• "AUP", "DPA", "Privacy Policy", and "Refund Policy" mean the documents of those names published at the URLs given in section 18, each as updated from time to time.
• "Standalone Mode" means the mode of the Service described in section 2.1, in which YourCart hosts your storefront and catalogue directly.
• "Linked Mode" means the mode of the Service described in section 2.2, in which YourCart operates as a Shopify sales channel connected to your own Shopify store.
• "Shopify" means Shopify Inc. and its affiliates, and the Shopify commerce platform on which a Linked Mode merchant operates their store under their own agreement with Shopify.
• "Managed Pricing" means Shopify's own app-billing mechanism, under which Shopify presents the Linked Mode Subscription Fee to you for approval inside Shopify, charges it to your Shopify account, and reports the resulting subscription state to us.

2. Description of the Service

YourCart provides a multi-tenant ecommerce platform. The Service operates in one of two modes, selected at sign-up.

2.1 Standalone Mode

In Standalone Mode you operate:

• a hosted, branded online storefront under a YourCart-provided subdomain ({name}.yourcart.store) or a custom domain you own;
• a branded mobile application for iOS and Android, published on your behalf to the Apple App Store and Google Play, subject to those stores' policies and review processes;
• order-management, customer-account, and push-notification tooling;
• payment-processing facilitation through Stripe Connect.

2.2 Linked Mode (Shopify sales channel)

In Linked Mode, YourCart operates as a sales channel for your existing Shopify store:

• a branded mobile application for iOS and Android, published on your behalf to the Apple App Store and Google Play, subject to those stores' policies and review processes;
• a one-way sync of the products you choose to publish to the YourCart channel from your Shopify store into your branded app. The sync is read-only in one direction only: catalogue data flows from Shopify to YourCart and never back, and we do not create, edit, or delete products, collections, inventory, customers, or any other record in your Shopify store as part of it. Where your branded app offers a shopper an action that by its nature must change something in your Shopify store — placing an order at checkout, requesting a return, or cancelling an order — that action is performed against Shopify at the moment the shopper takes it, on their instruction and within the access scopes you approved at install. We do not manage, curate, or make merchandising decisions in your store;
• checkout completed on your Shopify checkout: customer orders are placed, paid, fulfilled, and refunded in Shopify under your existing Shopify configuration. YourCart does not process, hold, or facilitate payment in Linked Mode;
• customer sign-in to your branded app via Shopify customer accounts, and push-notification tooling;
• no YourCart-hosted web storefront — your web presence remains your Shopify store.

Linked Mode depends on your Shopify store remaining active, on the app remaining installed with the access scopes approved at install, and on Shopify's platform, APIs, and policies (see section 9). Order management, fulfilment, refunds, inventory, taxes, and all commerce operations remain governed by your agreement with Shopify.

2.3 Mode selection is permanent

The mode is selected at sign-up and is permanent for the life of the Account. There is no switching, conversion, or migration between Standalone Mode and Linked Mode in either direction, and no feature of the Service should be understood as offering one. If you wish to operate in the other mode, that requires a separate new Account and a fresh setup, with no carry-over of data, configuration, published apps, or pricing terms.

Features are described on the public pricing page and in the in-product help. We may add, modify, or remove features over time. Material removals affecting you will be communicated in line with section 17.

2.4 Branded mobile app publishing

In both modes, the branded mobile apps are built and submitted by us on your behalf from our automated provisioning pipeline. Publishing responsibility is not the same on the two app stores, and the difference determines who owns the store listing and what happens to it if you leave.

• Google Play. Your branded Android app is published under YourCart's own Google Play developer account, which we hold and operate platform-wide, with your branding surfacing in the listing (icon, name, description, screenshots). We are the developer of record on Google Play and we hold the Google Play Developer Distribution Agreement; you are not a party to it. You pay no Google fee and complete no Google enrolment, identity verification, or business-verification paperwork. The Google Play app record, its application identifier, and the store listing are ours and remain ours.
• Apple App Store. Your branded iOS app is published under your own Apple Developer Program account, which you hold. The Apple Developer Program fee is paid by you directly to Apple; it is a pass-through cost that we never collect, mark up, or refund. You are the publisher of record on the App Store, you are a party to the Apple Developer Program Licence Agreement, and you are responsible for your iOS listing's compliance with the App Store Review Guidelines. We provide the build-and-submit automation against your account; we do not provide, hold, or fund your Apple enrolment.
• You remain responsible for what the apps contain. Both listings present your brand and sell your products. The AUP, the merchant indemnity in section 14, and your obligations in section 3 apply to everything published in either app, on either store, regardless of which developer account it sits under. Because your Android app shares a developer account with those of other merchants, content or conduct that puts that account at risk is a matter we treat under section 12.3.
• Listing assets. The licence you grant us in section 7.3 extends to submitting Your Content — including your name, logo, product imagery, and store copy — to Apple and Google as part of a store listing, and to displaying it there for as long as the listing is live.
• We commit to no outcome or timescale. Whether either store approves, publishes, retains, ranks, or removes your app is the store's decision, not ours. Section 9 governs third-party platform action and section 11 disclaims any warranty as to approval, availability, or performance on either store.
• On exit. When your Account ends, for any reason: your iOS listing stays under your own Apple Developer account and the iOS publisher relationship remains yours; your Android listing is removed from Google Play, because it lives on our developer account and cannot remain there once you are no longer a customer. The Android app record, its application identifier, and the listing remain ours and are not transferred when the Account ends. In either case you would need to arrange your own replacement hosting, authentication, and messaging infrastructure; nothing in the app continues to function against our platform after termination.

3. Eligibility and account

3.1 Eligibility

You must be at least 18, have legal capacity to enter into binding contracts, and either (a) be acting on behalf of a UK-registered business, or (b) be a UK-resident sole trader. By signing up, you represent and warrant that this is so. We may verify these representations and may suspend or terminate the Account if we are unable to do so to our reasonable satisfaction.

3.2 Account information

You must provide accurate, complete, and current information at sign-up and keep it up to date. You are responsible for maintaining the confidentiality of your authentication credentials and for all activity under your Account.

3.3 One Account per business

Each subscription is for a single merchant business. You may not share, resell, sub-licence, or grant agency over the Service to a third party without our prior written consent. White-label or reseller arrangements require a separate written agreement.

3.4 Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. The AUP includes restricted-vertical prohibitions, prohibited-use categories, and our enforcement rights. A breach of the AUP is a breach of these Terms.

4. Subscription, billing, and payment

4.1 Subscription Fees

Subscription Fees are payable monthly in advance in pounds sterling (GBP), exclusive of any applicable VAT or other taxes for which you are responsible. Annual billing (12-month commitment with two months free) is also offered as set out at yourcart.store/pricing.

4.2 No free trial

We do not offer a free trial. Setup is too involved to gate behind a trial. Subscription Fees become payable on signup. The 30-day money-back guarantee in the Refund Policy applies to founding-cohort merchants only; non-cohort merchants rely on the statutory cooling-off rights set out in the Refund Policy where they contract as consumers.

4.3 Billing

Subscription Fees are charged automatically through Stripe on the recurring schedule selected at sign-up. You authorise us (acting through Stripe) to charge your payment method for each Subscription Fee due. It is your responsibility to keep your payment method current.

4.4 Founding Cohort

The Founding Cohort programme applies to Standalone Mode subscriptions billed through Stripe only; Linked Mode Accounts are not eligible (see section 4.8). The programme is limited to the first 20 eligible merchants to take up a paid Standalone Mode subscription, and we may close it earlier at our discretion, on notice via the public pricing page. Places are allocated in the order paid subscriptions commence. Once the programme closes — whether by reaching 20 merchants or by earlier notice — later merchants subscribe at the standard Subscription Fee and are not eligible for the terms below. Merchants who take up a paid subscription while the programme is open are eligible for the Founding Cohort terms:

• A 50% discount on the standard Subscription Fee for the first 24 calendar months from first paid subscription — currently equal to £24.50 per month.
• After month 25, the subscription auto-renews at the then-standard Subscription Fee (currently £49 per month).
• A permanent grandfather right against future Subscription Fee rises: where we raise the public Subscription Fee after month 24, you remain at the rate you auto-renewed onto for the duration of your continuous subscription.

A lapse in subscription of more than 30 days, or a termination for breach, forfeits the Founding Cohort terms permanently (both the remaining discount and the grandfather right).

In addition to fee terms, you agree to the reciprocity commitments described on the public pricing page (a testimonial within 30 days of first sale, and a 15-minute case-study interview once you reach your fifth sale). As a Founding Cohort merchant you also have a direct channel to influence the YourCart product roadmap — feature requests submitted by Founding Cohort merchants are given priority weight in our roadmap decisions, although we make no commitment as to which requests will be built or when. Founder support during the Founding Cohort period is async only — by email to admin@yourcart.store, no scheduled calls. Material non-performance of the reciprocity commitments without good reason permits us, at our discretion, to withdraw the Founding Cohort discount on 30 days' written notice and revert your Account to the standard Subscription Fee (the grandfather right is preserved unless you also breach these Terms in another respect).

4.5 Failed payments

If a payment fails, we will retry through Stripe's standard dunning process. If payment is not received within 14 days of the original due date, we may suspend the Service and any branded mobile apps. If payment is not received within 30 days, we may terminate the Account under section 12. The grandfather and Founding Cohort terms above are forfeited on a Service termination for non-payment.

4.6 Price changes

We may change Subscription Fees on 30 days' written notice by email. A price change takes effect at the start of your next billing cycle on or after the notice period expires. Continued use of the Service after the effective date constitutes acceptance of the new price. The Founding Cohort grandfather right in section 4.4 limits price changes for eligible accounts as described there.

4.7 Taxes

Subscription Fees are exclusive of VAT. We are not currently VAT-registered and Subscription Fees are charged without VAT. If we register for VAT in future, we will add VAT to invoices issued after the registration date. You are responsible for any other tax (corporation tax, your own VAT on customer sales, business rates, withholding tax in any non-UK jurisdiction) arising from your operation of your business through the Service.

4.8 Linked Mode billing (Shopify)

Sections 4.1–4.6 above describe Stripe billing for Standalone Mode. Linked Mode is billed exclusively through Shopify's billing system and the following applies instead:

• The Linked Mode Subscription Fee (currently $59 USD per month, or the equivalent as presented by Shopify at approval) is charged by Shopify to your Shopify account under Shopify's own billing terms, appears on your Shopify invoice, and is subject to any currency conversion, tax handling, and payment mechanics that Shopify applies. We do not hold your payment method in Linked Mode.
• The fee, and any change to it, is presented for your approval inside Shopify before it takes effect; approving the subscription in Shopify constitutes your agreement to the fee.
• There is no free trial and no Founding Cohort discount or grandfather right in Linked Mode.
• Uninstalling the app ends the Shopify subscription; it is not paused, held, or resumable, and no fee already charged for the period before the uninstall is refundable on that basis (the Refund Policy governs refunds, and your non-excludable statutory rights are unaffected). Reinstalling afterwards does not restart the Service or reinstate a terminated Account — see section 12.5(c).
• If your Shopify subscription to YourCart is declined, cancelled, frozen, or otherwise ceases to be active — whether by your action, non-payment on your Shopify account, uninstalling the app, closure of your Shopify store, or Shopify platform action — we may suspend the Service, deactivate and take down your branded mobile apps, and terminate the Account under section 12. How quickly that happens depends on how the subscription ended, and is set out in section 12.5. We rely on Shopify's reporting of your subscription state, and on the access Shopify grants us to your store, to know that state at all; we are not responsible for errors, gaps, or delays in Shopify's reporting, and we are not obliged to detect a change Shopify does not report to us.
• Refunds for Linked Mode fees, where due, are processed through Shopify's billing mechanisms; the Refund Policy applies to the extent it is compatible with Shopify's billing system, and nothing in it reduces any non-excludable statutory right.

5. Refunds

The Refund Policy governs refunds, including the 14-day statutory cooling-off period (where you contract as a consumer), the 30-day money-back guarantee for founding-cohort merchants, the treatment of annual subscriptions, and the pass-through of Stripe processing fees on refunded transactions. Nothing in these Terms reduces any non-excludable statutory right you may have under UK consumer law.

6. Beta period

The Service is currently in beta. During the beta period:

• The Service is provided "as is" and "as available", without any service-level commitment, uptime guarantee, or service credit beyond what is set out in the Refund Policy.
• Features may change, be added, or be removed without notice. Some features may be experimental, incomplete, or unstable.
• Data may be migrated, restructured, or reset between releases (we will give reasonable notice for any reset that affects your live data).
• Performance, scalability, and integration behaviour are not warranted to any specific level.

The beta period continues until we publish a version of these Terms removing this section. We do not commit in advance to a specific end date for the beta period or to any particular set of features at general availability. Your acceptance of these Terms is your acceptance of the beta-period limitation of warranties.

7. Your data and customer data

7.1 Your Personal Data

Our processing of your personal data as a merchant account-holder is governed by the Privacy Policy.

7.2 Customer data

You are the Controller of personal data relating to your end customers and other individuals interacting with your storefront and branded apps. We act as Processor on your behalf for that data, under the Data Processing Agreement which is incorporated into these Terms by reference. The DPA includes the sub-processor list, security measures, breach-notification obligations, return-or-delete on termination, audit rights, and a Controller indemnity for unlawful Processing instructions.

You are responsible for:

• providing your own privacy policy to your end customers;
• having a lawful basis for the processing you instruct us to carry out;
• responding to data-subject requests as the Controller, with our assistance under the DPA;
• complying with any cookie-consent, marketing-consent, or other communication-channel obligations applicable to your store; and
• avoiding any Processing requiring a Data Protection Impact Assessment under UK GDPR Article 35 unless you have completed the DPIA and accepted the resulting risk yourself (see DPA section 14).

In Linked Mode, the catalogue, order, and customer-identity data we receive from Shopify under the access scopes you approve at install is processed by us as Processor on your behalf under the DPA. We operate inside the lowest tier of Shopify's protected-customer-data regime: end-customer name, email, phone, and postal-address fields are not available to our app, and the limit is enforced by Shopify's own access control rather than by our restraint alone (see the Privacy Policy, section 2.4.3). On uninstall, we purge your store's synced data in line with Shopify's mandatory redaction notices, on the per-category basis set out in the Privacy Policy, retaining only the minimal billing and audit records described there.

7.3 Your Account content

You retain ownership of all content you upload, configure, or generate through the Service ("Your Content"), including product listings, branding assets, store copy, and customer communications you author. You grant us a limited, non-exclusive, royalty-free, worldwide licence to host, store, transmit, display, modify (only as technically necessary for delivery), and back up Your Content for the purpose of operating the Service. The licence terminates when the relevant content is deleted from active systems following termination, subject to retention obligations under the DPA and applicable law.

7.4 Feedback

If you provide us with suggestions, feature requests, or other feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide right to use that feedback to improve the Service, without obligation to you and without attribution.

8. Intellectual property

The Platform, including its software, design, trademarks, branding, documentation, and all associated intellectual-property rights, is and remains our property or that of our licensors. Nothing in these Terms transfers any ownership interest in the Platform to you, except for the limited rights of use expressly granted here.

You agree not to:

• reverse-engineer, decompile, disassemble, or attempt to derive the source code of any component of the Platform;
• copy, modify, redistribute, sub-licence, or create derivative works of the Platform;
• use any of our trademarks, branding, or trade dress except as expressly authorised in writing or in the in-product brand guidance;
• remove or obscure any proprietary notices, watermarks, or attribution that we include in the Platform.

9. Third-party services

The Service depends on, and integrates with, third-party platforms including Apple (App Store), Google (Google Play, Firebase, Cloud Messaging), Microsoft (Azure), Stripe, Mailgun, and — in Linked Mode — Shopify. Your use of those third-party services is subject to the third party's own terms and privacy policy. We have no liability for any decision, action, or inaction of any third-party platform, including but not limited to:

• removal, suspension, refusal to publish, restriction, throttling, fee change, policy change, or termination of your branded mobile apps;
• removal, suspension, restriction, payout delay, payout reversal, or termination of your Stripe Connect account;
• in Linked Mode: suspension, closure, or restriction of your Shopify store or account; removal, delisting, or forced modification of the YourCart app from the Shopify App Store; changes to Shopify's APIs, access scopes, protected-data policies, checkout, billing system, or plan pricing mechanics; and any unavailability of Shopify's platform, webhooks, or checkout;
• changes to API terms, deprecations, breaking changes, or service availability of any infrastructure provider;
• changes to email deliverability, domain reputation, or anti-spam treatment by any mailbox provider;
• changes to any third-party platform's privacy, content, or moderation policies that affect your apps or storefront.

The exercise of any third-party decision does not constitute a breach by us of these Terms and does not entitle you to a refund or service credit beyond what is set out in the Refund Policy. We will use commercially reasonable efforts to keep you informed of material third-party action affecting your Account where we are aware of it, but we make no guarantee of advance notice or successful resolution. This section restates and reinforces section 12 of the AUP.

10. Service availability and maintenance

We aim to operate the Service with high availability, but we do not commit to any specific uptime, latency, or recovery-time objective. The Service may be unavailable from time to time as a result of:

• scheduled maintenance, for which we will give notice where reasonably practicable;
• unscheduled maintenance, technical incidents, infrastructure failures, or security responses;
• third-party platform actions or outages (see section 9);
• force majeure events, including without limitation acts of God, fire, flood, severe weather, war, terrorism, civil unrest, pandemic, government action, strike, internet or telecommunications-network failure, sub-processor failure, and any other event outside our reasonable control.

We are not liable for any loss or damage arising from unavailability, however caused, beyond the limited remedies set out in the Refund Policy and the limitation of liability in section 13.

11. Disclaimers and warranties

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. We expressly disclaim:

• any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement;
• any warranty that the Service will be uninterrupted, error-free, secure, or free from viruses, malware, or other harmful components;
• any warranty that the Service will meet your specific business requirements, generate any specific level of revenue, traffic, conversion, retention, or other commercial outcome;
• any warranty that any data stored on the Platform will be free from loss, corruption, or unauthorised access;
• any warranty as to the accuracy, completeness, or reliability of any information, recommendation, or output provided through the Service;
• any warranty that branded mobile apps published on your behalf will be approved, remain available, or perform to any particular standard on the App Store or Google Play.

You use the Service at your own risk and accept full responsibility for evaluating its suitability for your business.

Nothing in this section excludes any non-excludable statutory warranty under the Consumer Rights Act 2015 (where you contract as a consumer) or any other applicable law.

12. Termination

12.1 Termination for convenience by you

You may cancel the Service at any time from your Account settings or by emailing admin@yourcart.store. In Linked Mode you may also cancel by cancelling the YourCart subscription in Shopify or by uninstalling the YourCart app from your Shopify store — either is treated as a cancellation notice, takes effect per Shopify's billing mechanics, and triggers the data-purge obligations described in section 7.2. Cancellation takes effect at the end of the current paid billing period, except where you cancel in Linked Mode by uninstalling the app or closing your Shopify store — in that case the effect is immediate and section 12.5 applies. The Refund Policy governs refunds (or absence of them) for the unused portion.

12.2 At-will termination by us

We may terminate the Service to you at any time, for any reason or no reason, on 30 days' written notice by email. On such termination, we will refund a pro-rata share of any pre-paid Subscription Fee for the unused period of the then-current billing cycle, less any deductions permitted under the Refund Policy and less any sums you owe us. This right is independent of any breach by you and does not constitute an admission of fault or liability.

12.3 Termination for breach by us

We may suspend or terminate the Service to you immediately and without prior notice if:

• you breach these Terms (including the AUP, DPA, or Refund Policy) and either the breach is not capable of cure or you have failed to cure a curable breach within a reasonable period after notice from us (the determination of curability and the cure period being at our reasonable discretion);
• a payment is overdue for more than 30 days (see section 4.5);
• we reasonably suspect fraudulent or unlawful activity on your Account;
• a third-party platform we depend on (Apple, Google, Stripe, etc.) takes action that prevents continued delivery of the Service to you;
• we are required to do so by law, court order, or regulatory direction;
• continued provision of the Service would expose us, our other merchants, or any third party to material legal, security, or reputational risk.

We are not required to follow any sequence of remedies, and the choice of remedy is at our sole discretion. This restates section 8 of the AUP.

12.4 Effect of termination

On termination, by either party and for any reason:

• your right to access and use the Service ends immediately or, where the Service is wound down, at the end of any wind-down window we communicate;
• the data return-or-delete obligations in section 9 of the DPA apply;
• any sums owing at termination remain due and payable;
• any clauses of these Terms that by their nature should survive termination (including IP, indemnity, limitation of liability, governing law, order of precedence, and any unpaid-fee obligations) survive.

12.5 Linked Mode lifecycle: sync failure, uninstall, and reinstall

This section applies to Linked Mode only and sits alongside sections 12.1 to 12.4. Two different things can end your Linked Mode service, and they are deliberately treated differently: a connection that is failing while the app is still installed, and a connection you have ended by uninstalling.

(a) Persistent sync or connection failure, while the app remains installed. Where we cannot sync your store — because access credentials cannot be refreshed, because Shopify's APIs refuse or fail our requests, or for any comparable persistent reason — and the YourCart app is still installed on your store:

• your branded app continues to serve the last successfully synced catalogue, read-only, so your customers are not shown an empty store;
• after approximately 48 hours of continuous failure, your branded app displays a store-level "temporarily unavailable" notice to your customers;
• we will use reasonable efforts to notify you by email at the address on your Account, so you have the opportunity to restore the connection (typically by re-authorising the app in Shopify). Notification is by email only, and a failure of email delivery does not extend any period in this section;
• if the connection is not restored within 14 days of the failure beginning, we may deactivate your Account and take down your branded mobile apps.

The 14-day window in this paragraph exists only while the YourCart app remains installed on your Shopify store. It is not a general grace period, it does not apply to any other route out of the Service, and it is not available where you have uninstalled. It is a window in which you may cure, not a commitment to keep the Service running for 14 days: nothing in it limits our rights under section 12.3, under which we may suspend or terminate immediately where those grounds apply.

(b) Uninstall, or closure of your Shopify store. Uninstalling the YourCart app, or closing the Shopify store it is installed on, ends the connection at once. There is no grace period, and none of the windows in paragraph (a) apply. On uninstall or store closure:

• Shopify cancels your YourCart subscription. We do not, and cannot, keep it alive;
• your branded mobile apps are taken down promptly — we do not wait out the remainder of any billing period, and no window is held open for you to change your mind;
• your branded app shows your customers the store-unavailable notice, and any basket a customer is holding stops proceeding to checkout, so that no customer reaches a checkout that cannot complete;
• the data-purge obligations in section 7.2 and the Privacy Policy are triggered. Purged data is not recoverable, including if you reinstall;
• your Account and these Terms terminate, and section 12.4 applies.

Takedown under this paragraph is a consequence of your own action, not a termination by us under section 12.2, and the pro-rata refund in section 12.2 does not apply to it.

(c) Reinstall does not reinstate a terminated Account. Once takedown under paragraph (b) has run, reinstalling the YourCart app does not restore the Service, and neither reinstalling nor re-approving the plan in Shopify reinstates your Account. If you want to return after a takedown, contact us at admin@yourcart.store; resuming may require a new service arrangement, and we do not commit to providing one.

Where a return is agreed, expect it to behave like a new setup in every respect that matters operationally:

• data purged on the earlier uninstall stays purged and is not restored;
• your branded apps must be re-published, which means going through Apple's and Google's review processes again, on their timescales, with the outcome in their hands — see sections 2.4 and 9. We give no estimate of how long that takes and no assurance that it succeeds;
• billing restarts at the Subscription Fee current at the time, with no credit for the period you were away.

(d) Anything we do under this section is subject to the rest of these Terms. In particular, nothing here creates an availability, uptime, or recovery-time commitment (section 10), extends any warranty (section 11), or affects the limitation of liability in section 13. We are not liable for lost sales, lost customers, or any other loss arising from a suspension, takedown, deactivation, or re-publication delay under this section, to the extent section 13 permits that exclusion.

13. Limitation of liability

13.1 Excluded losses

To the maximum extent permitted by law, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

• loss of profits, revenue, sales, business, contracts, opportunity, or anticipated savings;
• loss of goodwill, reputation, or customers;
• loss of data, content, or information (save as expressly set out in the DPA);
• business interruption, downtime, or failure to launch a planned campaign;
• indirect, special, consequential, exemplary, or punitive loss of any kind;

regardless of whether the loss was foreseeable and regardless of whether we were notified of the possibility of the loss.

13.2 Aggregate cap

Subject to section 13.3, our aggregate liability to you under or in connection with these Terms (including all related documents — the AUP, DPA, Privacy Policy, and Refund Policy), in contract, tort (including negligence), breach of statutory duty, or otherwise, in respect of all claims arising in any twelve-month period, is capped at the lesser of:

• the total Subscription Fees paid by you to us in the twelve months preceding the event giving rise to the claim; or
• £5,000 (five thousand pounds sterling).

You acknowledge that this cap reflects the commercial pricing of the Service, the parties' allocation of risk, and is reasonable in light of both. The cap is consistent with the cap in section 12 of the DPA, and the two caps are not cumulative — the £5,000 ceiling applies across both documents combined.

13.3 Statutory carve-outs

Nothing in these Terms limits or excludes:

• liability for death or personal injury caused by negligence;
• liability for fraud or fraudulent misrepresentation;
• any liability that cannot be limited or excluded under English law;
• any non-excludable statutory liability under the Data Protection Act 2018 or UK GDPR (the DPA cap in section 12 of that document is similarly subject to such carve-outs).

14. Merchant indemnity

You will indemnify and hold harmless YourCart, its directors, officers, employees, contractors, and agents from and against any third-party claim, loss, damage, fine, regulatory penalty, or legal cost (including reasonable legal fees) arising from or in connection with:

• your breach of these Terms, the AUP, the DPA, or any law applicable to your business;
• your business activity, the goods or services you sell, or the conduct of your storefront or branded mobile apps;
• any claim by your end customers, employees, or any data subject in respect of your operation of your business through the Service;
• any infringement or alleged infringement of third-party intellectual-property rights by Your Content, your products, your branding, or your marketing;
• any tax, regulatory, licensing, or compliance obligation that is yours and not ours.

This indemnity is in addition to the Controller indemnity in section 13 of the DPA and the merchant indemnity in section 11 of the AUP. To the extent the same facts give rise to indemnification under more than one of these clauses, we may proceed under any of them; you may not be required to indemnify us more than once for the same loss.

15. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising under or in connection with them. Where you contract as a consumer, this clause does not deprive you of any right to bring proceedings in the courts of your country of residence to the extent required by mandatory consumer-protection law.

Before commencing legal proceedings, you agree to first contact us at admin@yourcart.store and use commercially reasonable efforts to resolve the dispute informally for at least 30 days. This does not prevent either party from seeking urgent injunctive or equitable relief at any time.

16. Notices

Notices to you will be sent by email to the address on your Account. Notices to us must be sent to admin@yourcart.store, with a copy by post to the registered office address at the top of these Terms. A notice is deemed received on the next business day after sending where delivered electronically and on the second business day after posting where sent by post.

17. Changes to these Terms

We may update these Terms from time to time. The version and last-updated date at the top of this document are the canonical record.

• Material changes (changes to fees outside the section 4.6 mechanism, changes to the limitation of liability or indemnity, removal of the beta clause, or any change reducing your rights) will be notified to active merchants by email at least 30 days before they take effect, with a clear summary of what is changing.
• Non-material changes (typographical fixes, clarifications, sub-processor updates handled under the DPA notification mechanism, references to new related documents) take effect on publication.

Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not accept a material change, your remedy is to terminate under section 12.1; pro-rata refund (where applicable) is governed by the Refund Policy.

18. Order of precedence and incorporated documents

The following documents form part of your contract with us, in order of precedence:

1. Any individually-negotiated written agreement signed by an authorised officer of YourCart Ltd (rare; not applicable to standard Founding-Cohort or pricing-page sign-ups);
2. These Terms of Service;
3. The Acceptable Use Policy;
4. The Data Processing Agreement;
5. The Refund Policy;
6. The Privacy Policy;
7. The published pricing page at yourcart.store/pricing (for fee detail and Founding-Cohort eligibility).

In the event of conflict, the higher-ranked document prevails on matters within its scope. The DPA always prevails on matters of personal-data Processing on behalf of the merchant. The AUP always prevails on matters of acceptable-use enforcement.

19. Miscellaneous

• Entire agreement. These Terms, together with the documents incorporated by reference in section 18, constitute the entire agreement between you and us in respect of the Service and supersede all prior representations, statements, and agreements on the same subject.
• No reliance. You confirm that you have not relied on any representation or statement that is not expressly set out in these Terms or the incorporated documents.
• Severability. If any provision is found to be invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if not possible, severed; the remaining provisions continue in full force and effect.
• No waiver. Failure or delay by us to exercise any right or remedy is not a waiver of that right or remedy.
• Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours to a successor of the business or to an affiliate without your consent, subject to the successor or affiliate accepting these Terms.
• No third-party rights. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
• Counterparts and electronic acceptance. Acceptance of these Terms by clicking "I agree" or any equivalent affirmation at sign-up has the same legal effect as a wet-signed contract.

20. Contact