UPDATED JUNE 8, 2021

TERMS  OF SERVICE

Definitions

OP: OrderProtection.com
Merchant: The store connected to OrderProtection. Such as DoseofRoses.com
Customer:
The user shopping a store that would like to protect their shipment.
CSR:
Customer Service Representative from OrderProtection.com that handles claims or merchant issues.
Dashboard:
Backend merchant dashboard that can be used to see an overview of their claims, orders, connected stores, billing settings, etc.
Frontend Server:
Merchant dashboard and claims portal
Backend Server:
API, server side data processing
Widget:
OrderProtection.com badge on checkout or sidebar cart offering customer protection

Claim Types

Lost 

Orders will be deemed as lost with no movement on the last checkpoint from courier tracking provided by the Merchant after 7 days. Claims for lost shipments must be filed within 30 days of order date.

Delivered but not received

Customer may be required to fill out an affidavit or police report to be eligible for stolen or delivered not received claims. Customer must have courier tracking provided by Merchant proving package was delivered successfully. Claim must be filed within 7 days of order delivery date.

Wrong Item

Customer may be required to fill out an affidavit and must provide a photo of the received item that does not match the item ordered. Merchant is responsible to properly represent the item(s) sold to Customer. If Merchant misrepresented the item(s) sold OP has the right to reject these claims until Merchant has corrected the imagery.

Data Security

Merchant shall keep all passwords and API keys provided to it safe and secure, and shall be responsible for all use of OP using passwords or API keys issued to Merchant. Merchant shall notify OP immediately of any actual or suspected unauthorized use of its passwords or API keys for the OP.

Customer Cooperation

Merchant shall: (a) reasonably cooperate with OP in all matters relating to the OP Service; (b) respond promptly to any OP request to provide information, approvals, authorizations or decisions that are reasonably necessary for OP to provide the OP Service in accordance with this Agreement; and (c) provide such Merchant materials or information as OP may reasonably request to provide the OP Service and ensure that such materials or information are complete and accurate in all material respects.

Technology

In connection with providing the OP Service, OP and its licensors shall operate and support the hosted environment used by OP to provide the OP Service, including the OP Technology (as defined below), the server hardware, disk storage, firewall protection, server operating systems, management programs, web server programs, documentation and all other technology or information so used by OP. As used herein, “Order Protection Technology” means all of OP’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Merchant by OP in providing the OP Service.

Grant of Rights

Ownership

Merchant acknowledges and agrees that as between OP and Merchant, all right, title and interest in and to the OP Service (including the data, information, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information other than Merchant Data) and other content on or made available through the OP Service, other than Merchant Data), the Order Protection Technology and all improvements and derivatives of the foregoing (including all intellectual property and proprietary rights embodied therein or associated therewith) are and shall remain owned by OP or its licensors, and this Agreement in no way conveys any right, title or interest in the OP Service or the Order Protection Technology other than a limited right to use the OP Service in accordance with this Agreement. OP acknowledges and agrees that as between Merchant and OP, all right, title and interest in and to the Merchant Data are and shall remain owned by Merchant or its licensors, and this Agreement in no way conveys any right, title or interest in the Merchant Data other than a limited right to use the Merchant Data in accordance with the terms and conditions herein. No right or license is granted hereunder to Merchant under any trademarks, service marks, trade names or logos. Merchant shall not remove any OP trademark, service mark or logo, or any proprietary notices or labels (including any copyright or trademark notices) from the OP Service. OP acknowledges and agrees that as between Merchant and OP, all right, title and interest in and to the Merchant Data are and shall remain owned by Merchant or its licensors, and this Agreement in no way conveys any right, title or interest in the Merchant Data other than a limited right to use the Merchant Data in accordance with the terms and conditions set forth and agreed to herein.

Fees; Payments; Taxes

In consideration of the provision of the OP Services, Merchant shall pay OP the weekly fees pursuant to the fee schedule and make such payment in accordance with the instructions and schedule provided for by OP.

Increases

OP reserves the right to increase its fees following the Initial Term or Renewal term (as defined below) for any following Renewal Termon 30 days’ prior notice to Merchant. If Merchant objects to the fee increase, Merchant may terminate the OP Service by written notice following the Initial Term or applicable Renewal Term. If Merchant does not exercise its right of termination during such period, Merchant will be deemed to have accepted the increased fees.

Taxes

All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the OP Service, or Merchant’s access to the OP Service. Merchant shall be solely responsible for all such taxes, duties and charges (except for taxes imposed on OP’s income).

Late Payments

Merchant shall reimburse OP for all costs and expenses, including attorneys’ fees, incurred in collecting any unpaid amounts owed by Merchant hereunder.

Suspension for Non-Payment

We may suspend your access to all or any part of the Service upon three failed attempts to collect payment. 

Term; Termination

Term, Termination and Automatic Renewal

The term of this Agreement shall commence upon Merchant’s subscription to the OP Service and, unless earlier terminated as set forth herein, shall continue for the period of the initial subscription (the “Initial Term”). The Merchant may terminate this Agreement upon 30 day’s written notice to OP. OP reserves the right to terminate this Agreement at any time upon written notice to the Merchant and shall repay to Merchant any pro-rated portion of the fees paid to it in connection with the OP Services that the Merchant would have received but for OP’s cancellation.

Customer Data

Data Generally

All data and information that the Merchant inputs into the OP Service, is provided by integrations to the Merchant’s systems or provided or obtained by the Merchant’s clients in connection with the Merchant’s use of the OP Service (each of the above, the “Merchant Data”) is stored in a private and secure fashion, and will not be used by OP except as permitted herein. Merchant hereby grants to OP a limited, non-exclusive, non-transferable, royalty-free right to use, reproduce, manipulate, and display the Merchant Data solely in connection with providing the OP Service to Merchant, and improving, developing and marketing the OP Service (provided that OP may only use anonymized and aggregated Merchant Data to improve, develop and market the OP Services). OP may analyze Merchant Data, and data of other Merchants, to create aggregated and anonymized statistics or data that do not identify Merchant or any individual, household, user, browser, or device and OP may during and after the Term use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, Merchant shall be solely responsible for providing, updating, uploading and maintaining all Merchant Data. The content of Merchant Data shall be Merchant’s sole responsibility. OP shall operate the OP Service in a manner that provides reasonable information security for Merchant Data, using commercially reasonable data backup, security, and recovery protections.

OP Limited Warranty

OP further represents and warrants that (a) it will provide the OP Service in a competent and workmanlike manner; and (b) it owns or otherwise has sufficient rights (including without limitation all intellectual property rights thereto) to grant the licenses to Merchant under this Agreement. OP does not warrant that it will be able to correct all reported defects or that use of the OP Service will be uninterrupted or error free. OP makes no warranty regarding features or services provided by any third parties. OP retains the right to modify its services and the Order Protection Technology in its sole discretion, provided that OP reasonably believes that any such changes and modifications will materially impair Merchant’s use of the OP Service, it shall provide Merchant with notice before making any such change or modification. Merchant’s sole remedy for OP’s breach of the warranty in this paragraph shall be that OP shall remedy the applicable error, or if OP is unable to do so in a timely manner, refund to Merchant actual damages up to a limit of the fees paid for the OP Service for the Subscription Term during which the breach of warranty occurred. 

Disclaimer

EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS ABOVE, OP MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE (IN EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE), INCLUDING ANY WARRANTY (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, (B) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR (D) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

Additional Disclaimer

MERCHANT ACKNOWLEDGES THAT THE SERVICE IS HOSTED BY A THIRD PARTY HOSTING PROVIDER (THE “HOSTING CONTRACTOR”) AND USES THIRD PARTY SERVER HARDWARE, DISK STORAGE, FIREWALL PROTECTION, SERVER OPERATING SYSTEMS, MANAGEMENT PROGRAMS, WEB SERVER PROGRAMS FOR DELIVERY OF THE SERVICES (THE “HOSTING CONTRACTOR SERVICES”). ADDITIONALLY, OP USES THIRD PARTIES TO HELP RECEIVE PAYMENTS (“PAYMENT PROCESSOR”). OP MAY CHANGE ITS HOSTING CONTRACTOR AND PAYMENT PROCESSOR AT ANY TIME. YOUR USE OF THE SERVICE IS SUBJECT TO ANY RESTRICTIONS IMPOSED BY THE HOSTING CONTRACTOR AND THE PAYMENT PROCESSOR, AS APPLICABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, OP SHALL NOT BE LIABLE FOR ANY PROBLEMS, FAILURES, DEFECTS OR ERRORS WITH THE SERVICE TO THE EXTENT CAUSED BY THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR. CUSTOMER ACKNOWLEDGES THAT THE FEES PAYABLE FOR THE SERVICE REFLECT THE FACT THAT OP IS NOT RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR.

Limitations of Liability

Damages Cap

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OP TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY MERCHANT TO OP UNDER THIS AGREEMENT WITH RESPECT TO THE THEN-CURRENT SUBSCRIPTION TERM. 

Disclaimer of Indirect Damages

EXCEPT FOR (A) MERCHANT’S OBLIGATION TO PAY ALL AMOUNTS DUE HEREUNDER; (B) ITS INDEMNIFICATION OBLIGATIONS; AND (C) ITS BREACH OF ANY INTELLECTUAL PROPERTY OR CONFIDENTIALITY OBLIGATIONS OR RESTRICTIONS HEREIN (INCLUDING ANY LIMITATIONS OR RESTRICTIONS ON USE OF THE SERVICE), IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, PROFITS OR REVENUE) ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

Security

Security is one of the top priorities for OP because it's fundamental to your experience with the product. OP is committed to securing your application's data, eliminating systems vulnerability, and ensuring continuity of access. OP uses a variety of industry-standard technologies and services to secure your data from unauthorized access, disclosure, use, and loss. All OP employees are trained on security practices during company onboarding and on an annual basis. Security is directed by OP's Chief Executive Officer.

Vulnerability Disclosure

If you would like to report a vulnerability or have any security concerns with a OrderProtection.com product, please contact security@orderprotection.com.

Disapproved Merchant Products & Industries

Merchants that sell the following product types are not abiding by our Terms of Service and will be put into account cancellation. This includes Merchants that might be unrelated to these industries but carry these products.

  • CBD/HEMP/Marijuana (in any form)
  • Adult entertainment (toys, videos, etc)
  • Weapons/munitions.