Terms of Service

The parties and the subject

This agreement is between Minata Entertainment, LLC (Delaware LLC) and the business that buys the service. The company's address for notices is 131 Continental Dr, Suite 305, Newark, DE 19713, United States.

Minata Commerce is software that gives an online retailer its catalogue, stock, orders, customers, shipping and payment collection in one panel, and publishes a storefront on the retailer's own domain.

The agreement is formed when the boxes on the checkout screen are ticked and the payment completes. The service is sold to businesses only and is not offered to consumers.

What is sold, and what is not

Minata Entertainment, LLC (Delaware LLC) sells a SOFTWARE SUBSCRIPTION. The customer gets access to the panel, and to the storefront published on their own domain, for as long as the subscription lasts.

The company sells no goods, runs no marketplace and is not the seller of anything offered in the customer's storefront. The contract of sale is always between the customer and their own buyer.

The company collects no money from the customer's own buyers, accepts no payment on their behalf and is not a payment institution. Storefront payments go to the customer's own account at the customer's own payment provider; the company charges its subscription fee and nothing else.

The service is sold to businesses only, for their trade or profession. It is not available in jurisdictions under United States sanctions.

What the plan covers, its quotas and the add-on modules

The subscription covers access to the panel, the storefront published on your own domain, the hosting of both, the image delivery, the DNS management of the domain and the transactional e-mail the service sends.

Every plan carries a quota for the number of products, the number of orders a month, the number of panel users and the storage the images use. The quotas in force are printed in the comparison table on the pricing page and in the panel; when a quota is full the plan can be moved up, and the rules for that are in the Refund and Cancellation Terms.

Some functions are not part of a plan and open as add-on modules. Which module a plan includes, and which one is charged separately, is shown in the same comparison table; an add-on module stays open for the period its fee was taken for.

Access and delivery

Access to the panel opens as soon as the payment is approved, and the sign-in details are sent to the e-mail address given at checkout. There is no physical delivery: what is bought is access to software, and the company ships nothing to you.

Your storefront goes live on your own domain once you hand that domain's delegation to the company; the terms for that are in the next section.

Entering the catalogue, uploading the images and arranging the storefront go at the customer's own pace. The subscription starts on the payment date regardless.

The domain and the nameserver authority

The domain belongs to the customer and is registered in the customer's name. The company does not sell, renew or transfer domains; the account at the registrar always stays with the customer, and renewing the domain on time is the customer's responsibility.

Once the payment is complete the domain is created as a zone in the company's DNS infrastructure and the customer is given two nameserver addresses. Setting those addresses at the registrar is the authority for the company to create and manage, on the customer's behalf and for as long as the subscription lasts, the DNS records the service needs: the storefront, the image delivery and the e-mail routing.

The company uses that authority only to provide the service and does nothing else with the domain. The delegation moves every DNS answer for that domain into the new zone: a site already published on it, or a service on one of its subdomains, stops answering unless its record is carried into the new zone. Where the customer states at checkout that they already use e-mail on that domain, the existing e-mail records (MX, SPF, DKIM, DMARC) are carried into the new zone unchanged and the company sets up no e-mail routing of its own.

The management of the domain is handed back to the customer once the subscription is over. When the subscription ends the zone is kept for thirty days; within that window the nameservers may be pointed at any other provider, and at the end of it the record is removed from the company's infrastructure.

The account, the authorised user and security

The e-mail address given at checkout is recorded as the account owner. What the team users created in the panel may do, and what they do with it, is the customer's responsibility.

Keeping the password secret is the customer's duty. Actions taken through the account are treated as the authorised user's unless shown otherwise.

If suspicious access is noticed the customer tells us without delay, and we may restrict access temporarily to protect the account.

Subscription, fees and automatic renewal

The subscription is charged in advance for the plan and period chosen. There is no trial; the service opens once the payment is taken.

Payments are taken in US dollars (USD); every plan price on the sales pages is in USD.

Unless it is cancelled, the subscription renews automatically for the same period at the end of each term and is charged to the payment method on file. A reminder is sent by e-mail before the renewal.

A price change does not affect the period already paid for. It is announced at least thirty days ahead and applies from the next renewal.

Acceptable use and the goods you sell

The service may not be used for an unlawful purpose, in a way that infringes the rights of others, or in a way that threatens the integrity of the system. Automated requests, load testing and reverse engineering require written permission.

The customer alone answers for the lawfulness of the goods offered in the storefront, for the accuracy of the product descriptions, the prices and the stock figures, for the content entered into the panel, and for the permits, documents and labelling each product needs.

The duties consumer law puts on a seller are the customer's too: the information owed before a distance sale, the order confirmation, the delivery, the right of withdrawal, returns and exchanges, warranty, and issuing the invoice for the sale. The company is not a party to those sales.

Categories prohibited by the company's infrastructure and payment providers may not be offered from the storefront: narcotics and their precursors, weapons and ammunition, counterfeit or pirated goods, stolen property, unlicensed medicines and products carrying a medical claim, unauthorised financial services, gambling, and anything else the law forbids the sale of. Where a product is restricted by age or by licence, obtaining the permits and verifying the buyer's age are the customer's responsibility.

Availability and maintenance

Outside planned maintenance the service aims to run without interruption. Planned maintenance is carried out in quiet hours where possible and is announced in advance.

The agreement carries no numeric service level: beyond announced maintenance and an obligation of reasonable effort, no uptime figure is promised.

Outages caused by third party infrastructure providers are outside this section, save for reasonable efforts to have them resolved.

Suspension, termination and getting the data back

A subscription whose payment cannot be taken may be suspended after notice: nothing new can be written into the panel, the panel turns read only and the storefront may be taken offline. Nothing is deleted while an account is suspended.

The customer can cancel from the panel at any time. Cancellation takes effect at the end of the period already paid for.

After termination the data - the products, the orders and the customer records - stays exportable for thirty days and is then deleted for good. The detail is in the Refund and Cancellation Terms and in the Data Processing Agreement.

Limitation of liability

Total liability is capped at the subscription fees actually paid in the twelve months before the claim arose.

Indirect damages, loss of profit, consequential losses arising from lost data and business interruption claims are outside the cap and are not accepted.

These limits do not apply to wilful misconduct or gross negligence, or where mandatory law does not allow them.

Governing law and changes

The agreement is governed by the laws of the State of Delaware, which is where the company is incorporated, and mandatory law is reserved.

An updated version is published on this page and dated with its version number. Material changes are also announced by e-mail.

Write to hello@minatacommerce.com with any question, or to support@minatacommerce.com for support. The support hours are printed in the site footer and e-mail is answered within one business day.