Discount Prime

Terms of Service

We updated our Terms of Service on 10/8/2023.

Welcome to Discount Prime (Aspedan) We have taken on the mission of aiding Shopify stores in their business expansion and revenue augmentation, Established in 2023. Any service utilization is contingent upon adhering to the terms represented in this Terms of Service document. These Terms of Service might be updated periodically due to alterations in service features or other factors. The client is responsible for regularly reviewing these Terms of Service and staying informed about any introduced changes. The Client acknowledges and accepts the modified terms by using the Service following the publication of such amended Terms of Service. Mentions of "us," "we," or "our" within these Terms of Service about Discount Prime (Aspedan). References to "you",  "your", and “client” denote either your status as an individual user of our services (provided you are at least 18 years old) or the business entity you are empowered to act on behalf of. These Terms of Service become a legally binding contract (the “Agreement”) when you visit our websites or engage with our application ("App") by installing, signing up, ordering, or using it in any way. Your use of our websites, Apps (including software, templates, graphics, and other content they generate), and related services like installation, setup, configuration, consultation, maintenance, and support (collectively referred to as "Services") is subject to the stipulations of this Agreement and our Privacy Policy.Additionally, this Agreement encompasses any extra or modified terms and conditions that apply to specific Apps, as detailed in the Product Schedules included within this Agreement. If you don't agree to all the relevant terms of service in this Agreement and the Privacy Policy, you are not permitted to utilize the Services. Please read this Agreement attentively to ensure you understand each section. This Agreement includes a compulsory arbitration clause mandating the utilization of arbitration for resolving disputes individually, excluding class actions and jury trials.

1- Your Rights to Use the Service

Subject to the terms and conditions of this Agreement, we provide you with restricted, non-exclusive, non-transferable rights and permission to explore the public sections of our website. Additionally, you can access and use our App and Service according to your preferences during the order and installation process (referred to as "Order"). This authorization and permission constitute a month-to-month subscription unless stated otherwise in the Order. You are granted permission to use the Service exclusively for your business-related objectives and not for personal, household, or family purposes.

2- App May Be Subject to Usage Limits

The use of our Services may entail specific limitations, as indicated in the Order and our published specifications and documentation. These restrictions can vary based on the particular App. They might involve factors like the number of supported stores or domains, storage capacities, and the number of transactions integrated into your subscription (referred to as "Usage Limits"). Should your usage surpass the defined Usage Limits for a specific App during your subscription period, the App's functionality might cease, or additional charges could apply for the excess usage at current rates. In particular cases, you might utilize a “free trial” or another no-charge version of an App. In such instances, Usage Limits could also encompass a confined trial duration, restricted features, or both. Regardless, using these versions is still governed by the terms and conditions outlined in this Agreement.

3- Service misusing

By using the Services, you and any authorized users under your account agree not to:

  • transfer, sublicense, sell, rent, lease, lend, or convey usage rights of the Services to any third party, including for timesharing or as a service provider;
  • attempt to decode, decompile, disassemble, or otherwise discover the Services' source code;
  • alter or remove logos, trademarks, links, copyright notices, legends, graphics, or marks from the Services or associated documentation without proper authorization;
  • try to circumvent, bypass, or manipulate the Services' security, operation, or access controls
  • try to access other customers' or third parties' accounts or data;
  • use the Services to analyze its mechanisms and features for competitive service development purposes;
  • breach applicable export control laws by using the Services;
  • disrupt others' use or enjoyment of the Services, such as overloading systems or employing the Services to create, transmit, or store harmful computer code;
  • violate any posted acceptable use policy; or
  • use the Services in a way that contravenes applicable law or the legal rights of others, including infringing upon third-party intellectual property rights, data privacy rights, or utilizing the Services to transmit material that is defamatory, illegal, harassing, threatening, obscene, or objectionable.

If this section is violated, we retain the right, in addition to other remedies, to immediately suspend your access to the Services until the violation is remedied.

4- Protecting Passwords and Unique Credentials Responsibility

You are responsible for choosing secure passwords for your accounts and users, regularly updating these passwords, safeguarding the confidentiality of user logins and passwords, and controlling access to these and any other distinct credentials assigned to you. We disclaim any liability for any harm or loss resulting from unauthorized access to the Services and your account due to your neglect in ensuring the security of your account and credentials through appropriate security practices.

5- Third-Party Platforms, Apps, Integrations, or Other Third-Party Services

We hold no responsibility for the third-party services ("Third-Party Services") you opt to use while utilizing our Services. These Third-Party Services encompass elements like e-commerce platforms such as Shopify, your internet connectivity, and other applications or services you link to or integrate with when using our Services. By employing these Third-Party Services, you are granting us consent and instructions to share your data and information as necessary for the seamless operation of our Services alongside these Third-Party Services. Any mishandling, alteration, damage, deletion, loss, or unauthorized utilization of your account or data due to the access or operation of Third-Party Services is not our liability. Additionally, we are not accountable for the performance, functioning, or ongoing availability of any Third-Party Services, nor are we responsible for any refund, credit, or compensation claims related to these Third-Party Services. Your usage of such services is undertaken at your own risk.

6- The Right to Use Feedback and Reviews

We welcome your input, suggestions, proposals, ideas, recommendations, reviews, or any other feedback regarding our Services. If you choose to provide such feedback, you grant us unrestricted and everlasting permission to include that feedback in the Services and utilize it within our business for various objectives. Nevertheless, we will refrain from using your name or revealing your identity in connection with feedback for marketing or promotional intentions, except in cases where we have expressly requested and obtained your approval.

7- Our Support Services

We take pride in our comprehensive support program and are committed to offering assistance as reasonably needed within the posted business hours for our App, which might differ. Support can be accessed through various channels, including email, live chat, online ticketing, knowledge bases, and other ways specified for the App on our website. Unless expressly indicated otherwise for the App or Service, support is exclusively provided in English.

8- Your Data Protection

We are committed to maintaining suitable administrative, physical, and technological safeguards to ensure the security, confidentiality, and integrity of the data you furnish through the Services, following our Privacy Policy. We will not disclose your data to any third party without your prior consent or instructions, except as required to fulfill our obligations under this Agreement and to carry out the Services. This includes sharing data with trusted hosting providers and for interoperability with your chosen Third-Party Services. We will also share data if required by law if there's a reasonable belief that it's necessary to prevent imminent harm or in the event of selling or acquiring our businesses. Unless authorized, we will only access your data in our systems if we provide the requested Services and address technical issues.

9- Using Aggregated and Anonymous Data From Our System

You recognize and consent that we can gather, utilize, and reveal aggregated and anonymized data from our system. We can do so for various objectives if this data does not include personally identifiable information and cannot be linked back to identify you, your authorized users, customers, or any other individuals mentioned in your data. This data derived from our systems holds significance for us for multiple reasons, including enhancing our Services, maintaining their quality, and promoting our solutions and their effectiveness.

10- Pricing and Payment

By using the Services, you are committing to settle all charges associated with your usage, as specified when placing your order ("Fees"). Unless stated otherwise in the order, subscription fees and other flat charges are to be paid in advance every month, and any charges dependent on usage volume or other metrics are due within five (5) days after each month's end. Charges incurred are generally non-refundable and cannot be canceled unless stated otherwise in an order. You are also responsible for applicable taxes like sales, use, value-added, or similar taxes that we might need to collect based on your order. Payments must be made in U.S. dollars unless indicated otherwise in your order. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever.

The pricing may be modified periodically, moving forward, at the discretion of Discount Prime. However, you can select a different plan to continue using the Service if the plan you were using becomes unavailable after your current plan's expiration. Alternatively, you can opt to cancel your subscription, resulting in the termination of your Service.

In the case of delayed payment or if your Payment Account rejects the charges, we reserve the right to temporarily halt the Services until you set up a new Payment Account and settle the outstanding amounts. You are responsible for ensuring the accuracy and currency of all Payment Account details, including the necessary information for us to process charges. In case of overdue payments, interest at a rate of one percent (1%) per month on the unpaid balance (or, if lower, the maximum rate allowed by law) will be charged daily until the payment is received.

11- Authorization to Charge Your Payment Account

If no alternative payment method is indicated in your order, your Fees will be settled using a payment card and a third-party processor or through an intermediary payment system linked to e-commerce platforms that host your store (referred to as your "Payment Account"). By accepting this, you are granting us or our authorized processors the authorization to charge your Payment Account for all payments stipulated in this Agreement as they become payable.

12- Contact Us First for Any Disputed Charges

Should you contest any or a portion of the charges to your Payment Account, you commit to informing us within thirty (30) days from the due date of the disputed charge. Furthermore, you agree to cooperate in good faith with us to address the matter before pursuing a refund via your Payment Account. If we acknowledge that a refund is due, we will expeditiously reimburse the contested sum. You acknowledge that, for fluctuating charges, our usage reports generated by the system serve as the official billing records.

13- Duration of This Agreement

This Agreement becomes active when you agree to these terms by accessing, installing, signing up, ordering, or using our Services. Unless otherwise indicated in your order, this Agreement remains in effect month-to-month until either party terminates it as outlined in this Agreement or the order. When you have multiple orders with us, ending one order won't impact other orders. However, if one party terminates the entire Agreement, all associated orders will also terminate.

14- Termination at Any Time for Any Reason

  • Unless specified differently in an order, you can terminate one or more orders or this entire Agreement at any time without providing a reason. To proceed, you can contact us at Upon notification, the termination will take effect; however, no refunds for prepaid fees will be granted. Additionally, any pending charges accumulated up to the termination date, such as variable fees, will be immediately due and charged to your Payment Account. It's advisable to ensure you download and store any of your accessible data from our Services before initiating termination. This is crucial since your account and associated data could be erased and inaccessible after termination.
  • We hold the authority to terminate any order or this entire Agreement by issuing notice if you breach any provision of this Agreement and fail to rectify it within a two-week period from our notice, provided it is remediable. Your access to Services could be temporarily suspended during this time. Furthermore, we retain the right to terminate an order or this Agreement at any time and for any reason or no reason by providing you with a thirty-day advance notice through the Apps you use or the contact details you've provided. Immediate termination of this Agreement may also occur if you become a subject of a bankruptcy petition or any other proceedings related to insolvency, receivership, liquidation, or creditor assignment. It's important to ensure you download and safeguard any available data from our Services before the termination takes effect, as your account and its associated data could be erased and inaccessible after termination.

15- The End of all Rights to Services and Access Upon Any Termination of the Agreement

Upon the termination of an order or this Agreement, you must promptly discontinue using the services that have been terminated. Additionally, you will be charged the outstanding fees due at the point of termination. After termination, you will lose access to your account and the data stored within our systems after termination. As a result, you won't be able to utilize any part of the services, including templates, graphics, content, documentation, or other materials. It's important to note that provisions within this Agreement that inherently require continuity will persist even after the Agreement has been terminated.

16- Service Restrictions and Availability

The client is prohibited from utilizing the Service in association with any Store that involves or endorses each of the subsequent products:

  • products for violence or hate, criminal or terrorist activities, discrimination, racism, or harassment,
  • stolen or usurped goods,
  • drugs
  • any product that is illegal in the jurisdiction in or into which it is sold, or
  • the client is not permitted to use the Service for Stores in IL.

17- Providing Legal Defense and Indemnification if Our Services Infringe Intellectual Property Rights

We will provide protection, compensation, and legal defense if a third party brings claims, lawsuits, or actions against you, alleging that our Services violate their patent, copyright, trademark, or trade secrets rights. However, this indemnification does not apply if the allegations stem from your data, materials you provided, modifications you made to the Services, unauthorized usage, or the combination of our Services with other goods or services not provided by us. If we determine that a portion of the Services may face an infringement claim, we have the option to, at no added cost to you:

  • secure your right to continue using the Service,
  • modify or replace the infringing parts to enable your ongoing use, or
  • if these options aren't commercially viable, refund any unused prepaid fees and terminate the Agreement.

This section outlines our sole obligations and your exclusive remedies in the event of third-party infringement claims.

18- Providing Legal Defense and Indemnification to us and our Suppliers For Misuse of Services or Your Breach of Your Obligations to Others

You defend, indemnify, and protect us and our suppliers from any claims, lawsuits, or actions initiated by a third party against us or our suppliers. This applies to situations where the allegations are connected to your violation of obligations outlined in Section 3 ("Prohibitions on Misuse of Services") or your failure to fulfill obligations to that third party, provided that it wasn't a direct result of our own breach of obligations to you as defined in this Agreement.

19- Limited Warranty, Your Exclusive Remedies, and Warranty Disclaimers

During the period you are authorized to use the Services, we assure you that they will operate closely in line with the specifications and documentation we make available when used under normal operating conditions. Your sole recourse in case of a breach of this warranty is to duly notify us in writing, detailing the non-conforming aspect of the Services during the warranty period. Upon receipt of your notice, we can either exert commercially reasonable efforts to modify and provide an update to the Services to align with this warranty requirement or offer a commercially reasonable alternative solution within a reasonable timeframe, at most thirty (30) days. If we cannot achieve this, we will reimburse you any prepaid fees related to the period after you report the nonconformity. This section establishes your exclusive rights and remedies and our sole liability concerning this limited warranty.

Apart from the aforementioned limited warranty, we disclaim, as permissible by applicable law, all other warranties, whether expressed or implied. This includes the warranty that the Services will be free of errors or defects and any warranties of merchantability or fitness for a specific purpose. You acknowledge that we bear no responsibility for the functionality of third-party services or any errors, defects, losses, or damages resulting from your utilization of third-party services. This disclaimer does not undermine any non-waivable rights you might possess under relevant law.

20- Mutual Limitation of Liability

Under no circumstances shall either party be held liable to the other party based on any legal or equitable rationale, including but not limited to contract, tort (including negligence), or strict liability, for any extraordinary, indirect, incidental, punitive, or consequential damages, or lost profits. This applies regardless of whether such damages were foreseeable, and it holds even if the party in question had been informed of the potential for such damages.

Apart from the aforementioned limited warranty, we disclaim, as permissible by applicable law, all other warranties, whether expressed or implied. This includes the warranty that the Services will be free of errors or defects and any warranties of merchantability or fitness for a specific purpose. You acknowledge that we bear no responsibility for the functionality of third-party services or any errors, defects, losses, or damages resulting from your utilization of third-party services. This disclaimer does not undermine any non-waivable rights you might possess under relevant law.

21- Agreement Will Apply to New Orders and Renewed Orders Modifications

We maintain the right, at our discretion, to alter or substitute any portion of this Agreement through:

  • publishing an updated Agreement on our website with a new date of revision, or
  • informing you of the alteration and its revision date in the App(s) or via email.

Such modifications will be effective for new Orders made after the modification's revision date, and they will also apply to current Orders upon their next renewal, which coincides with the commencement of the subsequent month following the notice or posting date for monthly plans. However, if you decide to terminate this Agreement and notify us within thirty (30) days of the revision date (or the date of notification in-app or by email), the alterations will not be applied, and the Agreement will conclude upon receipt of your notice.

22- Independent Contractors

The parties in this Agreement function as independent entities and do not hold an agency, partnership, joint venture, employment, or analogous relationship between you and us. Neither party can obligate the other or commit any responsibilities on their behalf.