Terms & Conditions

MagonShift E-Solutions · Oum El Bouaghi, Algeria · +213 657 983 113 · contact@magonshift.com

This is the official English version of the MagonShift Terms & Conditions. By creating an account or using the Services, you agree to be bound by these Terms.

1. Introduction

Welcome to MagonShift.

These Terms & Conditions ("Terms") govern your access to and use of the MagonShift platform, including our website, web application, APIs, hosted forms, landing pages, mobile applications, and all related products and services (collectively, the "Services").

MagonShift is a Software-as-a-Service (SaaS) platform designed to help businesses manage and optimize their cash-on-delivery (COD) and e-commerce operations. Depending on the subscription plan, the Services may include order management, inventory management, customer relationship management (CRM), shipment management, hosted forms, landing page creation, API integrations, automation tools, analytics, reporting, communication features, and other business management capabilities.

These Terms constitute a legally binding agreement between MagonShift ("MagonShift", "we", "our", or "us") and the individual or legal entity accessing or using the Services ("Merchant", "Customer", "User", or "you").

By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable policies referenced herein. If you do not agree to these Terms, you must immediately discontinue the use of the Services.

You represent and warrant that you have the legal authority to enter into this agreement on behalf of yourself or the organization you represent. If you are using the Services on behalf of a company or other legal entity, you agree that you have the authority to bind that entity to these Terms.

Additional policies, including our Privacy Policy, Cookie Policy, Data Processing Agreement (where applicable), and any service-specific terms published by MagonShift, form an integral part of these Terms.

2. Definitions

For the purposes of these Terms & Conditions, the following definitions apply:

• Account means the registered profile created by a User to access and use the Services.
• API means any application programming interface provided by MagonShift to enable communication between the Services and third-party systems.
• Customer means the end customer who places an order through a Merchant's sales channels.
• Customer Data means any information relating to a Customer, including personal information, contact details, shipping information, order history, and any other data submitted or collected through the Services.
• Hosted Form means an order form created and hosted by MagonShift that allows Customers to submit orders directly.
• Landing Page means any sales page created using or connected to the Services for the purpose of promoting and selling products or services.
• Merchant means any individual, company, organization, or legal entity that registers for and uses the Services to manage its business operations.
• Order means a purchase request submitted by a Customer through any supported sales channel, including hosted forms, landing pages, APIs, third-party integrations, CSV imports, or manual entry.
• Order Data means all information associated with an Order, including products, variants, quantities, pricing, customer information, shipping details, payment method, order status, and related metadata.
• Services means all products, software, websites, applications, APIs, integrations, automation tools, communications services, analytics, and features provided by MagonShift.
• Subscription means a paid or free plan that grants access to specific features and usage limits of the Services.
• Third-Party Service means any external platform, software, payment provider, messaging service, shipping carrier, marketplace, or other system integrated with or connected to the Services.
• User means any individual authorized by a Merchant to access or use the Services, including administrators, employees, contractors, or other authorized personnel.
• Workspace means the Merchant's dedicated environment within the Services where business data, users, settings, orders, inventory, customers, and related information are managed.

Unless the context requires otherwise, words expressed in the singular include the plural, and words expressed in the plural include the singular. Headings are provided for convenience only and do not affect the interpretation of these Terms.

3. Acceptance of the Terms

By creating an Account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions and any additional policies incorporated by reference.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. In such cases, references to "you" or "Merchant" refer to both the individual acting on behalf of the entity and the entity itself.

You may not access or use the Services if:

• You do not agree to these Terms.
• You are prohibited from using the Services under applicable laws or regulations.
• You provide false, inaccurate, or misleading registration information.
• Your Account has been suspended or terminated by MagonShift.

Your continued use of the Services after any modification to these Terms constitutes your acceptance of the updated Terms. If you do not agree with any revised Terms, you must stop using the Services and, where applicable, terminate your Account.

MagonShift reserves the right to refuse access to the Services or suspend or terminate Accounts that violate these Terms, applicable laws, or the rights of other users or third parties.

4. Description of the Services

4.1 Overview

MagonShift is a Software-as-a-Service (SaaS) platform that provides tools designed to help merchants manage and automate their e-commerce operations. The Services are intended to improve operational efficiency and support business workflows but do not replace the Merchant's responsibility for managing and operating its business.

4.2 Available Services

Depending on the subscription plan, the Services may include, but are not limited to:

• Order management and processing.
• Product, inventory, and catalog management.
• Customer relationship management (CRM).
• Hosted order forms and landing pages.
• Public APIs and webhooks.
• Third-party integrations.
• Shipment and logistics management tools.
• Order confirmation and communication tools.
• Reporting, analytics, and business insights.
• Multi-user workspaces with role-based permissions.
• Automation features and workflow management.
• AI-powered features and intelligent assistance, where available.

MagonShift may introduce new features, modify existing functionality, or discontinue specific Services at its sole discretion.

4.3 Third-Party Integrations

The Services may integrate with third-party platforms, including but not limited to shipping carriers, payment providers, messaging services, marketplaces, advertising platforms, and other external systems. Such integrations are provided for convenience only. MagonShift does not own or control these third-party services and is not responsible for their availability, security, functionality, pricing, policies, or performance. The Merchant remains responsible for complying with the terms and conditions of any third-party services they choose to connect to the Services.

4.4 Service Availability

While MagonShift strives to provide reliable and uninterrupted Services, we do not guarantee continuous availability or error-free operation. The Services may be temporarily unavailable due to scheduled maintenance, software updates, technical issues, security incidents, third-party outages, or circumstances beyond our reasonable control.

4.5 Beta Features

From time to time, MagonShift may provide access to beta, preview, or experimental features. Beta features are provided "as is" for evaluation purposes and may contain bugs, errors, or incomplete functionality. MagonShift may modify, suspend, or discontinue beta features at any time without prior notice.

4.6 No Business Guarantee

MagonShift provides software tools only. We do not guarantee that use of the Services will increase sales, improve profits, reduce order cancellations, prevent fraud, increase customer satisfaction, or achieve any specific business outcome. Business results depend on numerous factors outside the control of MagonShift, including product quality, pricing, customer behavior, marketing efforts, logistics, and merchant operations.

5. Merchant Responsibilities

5.1 Lawful Use

The Merchant agrees to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards in the jurisdictions in which they operate. The Merchant is solely responsible for ensuring that their business activities, products, services, and communications comply with applicable legal requirements.

5.2 Business Operations

The Merchant remains solely responsible for all aspects of their business, including but not limited to: products and services offered for sale; product descriptions, pricing, and availability; inventory management; order fulfillment and shipment; customer support and after-sales service; returns, exchanges, and refunds; compliance with consumer protection laws; and collection and payment of any applicable taxes, duties, or governmental charges. MagonShift provides software tools only and does not act as the seller, distributor, payment processor, shipping carrier, or agent of the Merchant.

5.3 Customer Data

The Merchant is responsible for ensuring that all Customer Data collected, imported, or processed through the Services has been obtained lawfully and that all necessary notices, permissions, and consents have been obtained where required by applicable law. The Merchant represents and warrants that they have the legal right to upload, process, and manage such data using the Services.

5.4 Communications with Customers

The Merchant is solely responsible for all communications sent to customers through or using the Services, including but not limited to phone calls, WhatsApp messages, SMS messages, emails, notifications, and other communication channels. The Merchant must ensure that such communications comply with applicable laws, regulations, and the policies of the relevant communication providers.

5.5 Prohibited Activities

The Merchant shall not use the Services to: violate any applicable law or regulation; infringe the intellectual property or privacy rights of others; distribute malware, malicious code, or harmful content; attempt to gain unauthorized access to any system or account; interfere with the security, integrity, or availability of the Services; submit false, misleading, or fraudulent orders; send spam, unsolicited communications, or abusive content; or engage in any activity that could damage the reputation or operation of MagonShift or its users.

5.6 Responsibility for Users

The Merchant is responsible for all actions performed by employees, contractors, administrators, and other authorized users who access the Merchant's Workspace, and must ensure that authorized users are granted appropriate permissions and that access is revoked promptly when no longer required.

5.7 Indemnification

The Merchant agrees to defend, indemnify, and hold harmless MagonShift, its owners, employees, affiliates, and partners from any claims, damages, losses, liabilities, costs, or expenses arising out of the Merchant's violation of these Terms, the Merchant's products or services, customer disputes, the Merchant's misuse of the Services, or the Merchant's violation of applicable laws or third-party rights.

6. Customer Data & Data Processing

6.1 Ownership of Data

The Merchant retains all rights, title, and interest in the Customer Data, Order Data, product information, and other business data submitted to or processed through the Services. MagonShift does not claim ownership of the Merchant's data.

6.2 Purpose of Processing

MagonShift processes Customer Data solely for the purpose of providing, operating, maintaining, securing, improving, and supporting the Services. MagonShift will not use Customer Data for unrelated commercial purposes without the Merchant's consent, except where required by applicable law.

6.3 Security & Access

MagonShift implements reasonable administrative, technical, and organizational measures designed to protect Customer Data against unauthorized access, loss, misuse, alteration, or disclosure. However, no internet-based service or electronic storage system can be guaranteed to be completely secure, and MagonShift cannot guarantee absolute security. Authorized employees and service providers may access Customer Data only when reasonably necessary to provide support, maintain the Services, investigate security incidents, comply with legal obligations, or improve the reliability and security of the platform, subject to confidentiality obligations.

6.4 Retention & Deletion

Customer Data will be retained for as long as necessary to provide the Services, comply with applicable legal obligations, resolve disputes, enforce these Terms, or as otherwise instructed by the Merchant. Subject to applicable legal requirements and technical limitations, the Merchant may request the deletion of Customer Data associated with their Account. MagonShift may retain backup copies for disaster recovery, security, audit, or legal compliance purposes.

6.5 Privacy Policy

The collection, processing, storage, use, and protection of personal data are further described in the MagonShift Privacy Policy, which forms an integral part of these Terms.

7. Hosted Forms, Landing Pages & API Services

7.1 Hosted Forms and Landing Pages

MagonShift may provide tools that enable Merchants to create, host, customize, and publish online order forms, landing pages, and other customer-facing content. The Merchant is solely responsible for all content published through these Services, including product descriptions, pricing and promotions, media, terms of sale and return policies, privacy notices and legal disclosures, and any other information displayed to visitors. The Merchant represents and warrants that all published content is accurate, lawful, and does not infringe the rights of any third party.

7.2 Order Collection

Orders submitted through Hosted Forms, Landing Pages, APIs, webhooks, third-party integrations, CSV imports, or any other supported intake source are processed on behalf of the Merchant. MagonShift does not verify the accuracy, authenticity, or legality of submitted orders and is not responsible for customer errors, fraudulent submissions, incorrect information, duplicate orders, or failed transactions. The Merchant remains solely responsible for reviewing, confirming, accepting, rejecting, and fulfilling customer orders.

7.3 API Access

Where API access is provided, Merchants may integrate their own systems with the Services using API credentials issued by MagonShift. The Merchant is responsible for protecting API credentials against unauthorized access and must not share, sell, or publicly disclose such credentials. API credentials remain the property of MagonShift and may be revoked, rotated, suspended, or replaced at any time for security, maintenance, or operational reasons.

7.4 Rate Limits, Webhooks & Technical Use

To ensure stability, security, and performance, MagonShift may apply usage limits, rate limits, storage limits, or other technical restrictions. Webhook delivery is not guaranteed; Merchants are responsible for retry mechanisms, validation, security verification, and error handling in their own systems. Merchants shall not attempt to gain unauthorized access, reverse engineer the Services, use automated tools to overload the Services, or circumvent security mechanisms or usage limitations.

8. Third-Party Integrations

The Services may allow Merchants to connect and use third-party platforms, applications, and service providers, including shipping carriers, payment gateways, messaging platforms (WhatsApp, SMS, email), e-commerce platforms and marketplaces, advertising platforms, analytics tools, and other supported services. All third-party services operate independently from MagonShift. MagonShift does not own, operate, manage, or control these providers and makes no representation or warranty regarding their availability, reliability, security, pricing, functionality, or continued compatibility.

The Merchant is solely responsible for creating and maintaining valid accounts with third-party providers, complying with their terms and policies, obtaining any necessary licenses or approvals, and managing any fees they impose. Where the Merchant enables an integration, the Merchant authorizes MagonShift to exchange the data reasonably necessary to operate it; any data transmitted to a third-party provider becomes subject to that provider's own privacy practices and terms. MagonShift shall not be liable for any interruption, limitation, incompatibility, or loss resulting from changes made by, or the acts or omissions of, third-party providers.

9. Subscription, Billing & Refund Policy

9.1 Subscription Plans & Billing

Access to certain features may require the purchase of a subscription. Subscription fees are billed in advance according to the billing cycle selected by the Merchant, unless otherwise agreed in writing. The Merchant agrees to pay all applicable fees, taxes, and charges associated with the selected plan.

9.2 Payment Failure & Changes

If a payment cannot be processed or is not received by the due date, MagonShift may suspend or restrict access to paid features until payment has been completed, and reserves the right to recover unpaid amounts through lawful means. The Merchant may upgrade or downgrade their plan at any time, subject to availability. MagonShift reserves the right to modify pricing at any time; where practicable, advance notice will be provided, and continued use after the effective date constitutes acceptance.

9.3 Cancellation & Refunds

The Merchant may cancel their subscription at any time through account settings or by contacting Support. Cancellation prevents future renewals but does not automatically entitle the Merchant to a refund for fees already paid, except where required by applicable law. Unless otherwise required by law, all subscription fees, setup fees, service fees, and other payments are final and non-refundable. MagonShift may, at its sole discretion and on a case-by-case basis, grant a refund, credit, or extension, without creating an obligation to do so in the future. Nothing in this section limits any non-waivable rights granted under applicable law.

9.4 Taxes

The Merchant is solely responsible for any taxes, duties, withholding obligations, or governmental charges arising from the use of the Services, except for taxes imposed directly on MagonShift's income.

10. Intellectual Property

The Services, including the MagonShift platform, software, source code, databases, user interfaces, designs, graphics, logos, trademarks, documentation, APIs, workflows, features, algorithms, and all related intellectual property rights, are and shall remain the exclusive property of MagonShift and its licensors. Nothing in these Terms transfers ownership of any intellectual property rights to the Merchant.

Subject to compliance with these Terms and the applicable plan, MagonShift grants the Merchant a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for the Merchant's internal business operations. The Merchant shall not copy, modify, or create derivative works of the Services; reverse engineer or attempt to extract the source code; sell, sublicense, lease, or commercially exploit the Services; remove proprietary notices; use the Services to build a competing product; or permit unauthorized third parties to access the Services.

The Merchant retains ownership of all products, customer information, branding, content, and materials uploaded to the Services and grants MagonShift a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and use such content solely as necessary to provide and support the Services. If the Merchant provides feedback, MagonShift may use it without restriction or obligation. "MagonShift" and its logos are protected and may not be used without prior written authorization, except as reasonably necessary to identify the Services.

11. Confidentiality

Each party may receive confidential or proprietary information from the other during the course of using or providing the Services. Each party agrees to protect Confidential Information using reasonable care, use it only for purposes related to these Terms, and not disclose it to third parties except where authorized, required by law, or necessary to provide the Services. Confidential Information does not include information that is publicly available through no fault of the receiving party, was lawfully known before disclosure, is independently developed, or is lawfully obtained from another source. These obligations survive the termination or expiration of these Terms.

12. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, MagonShift disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, accuracy, reliability, and error-free operation. MagonShift does not warrant that the Services will operate without interruption, that all defects will be corrected, that the Services will meet every business requirement, or that third-party integrations will remain continuously available or compatible. The Services depend on internet connectivity and third-party providers, and MagonShift is not responsible for interruptions caused by circumstances beyond its reasonable control.

13. Limitation of Liability

To the fullest extent permitted by applicable law, MagonShift and its directors, officers, employees, affiliates, licensors, and partners shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to the use of the Services, including loss of profits, revenue, business opportunities, customers, data, business interruption, shipping delays, third-party or communication failures, or reputational damage.

Where liability cannot be excluded under applicable law, MagonShift's total aggregate liability arising from or relating to the Services shall not exceed the total subscription fees actually paid by the Merchant to MagonShift during the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

14. Suspension & Termination

MagonShift may suspend or restrict access to all or part of the Services immediately, with or without notice, where reasonably necessary — including where the Merchant violates these Terms, payment obligations are not fulfilled, fraudulent or unlawful activity is suspected, the Services are used in a manner that threatens the platform, or as required by law. The Merchant may terminate their Account at any time; termination does not relieve outstanding payment obligations. MagonShift may terminate an Account where the Merchant repeatedly violates these Terms, uses the Services unlawfully, engages in fraudulent or abusive conduct, or fails to remedy a material breach after notice.

Upon termination, the Merchant's right to access the Services ceases, MagonShift may disable access to the Workspace, Customer Data may be retained or deleted in accordance with these Terms and the Privacy Policy, and provisions intended by their nature to survive (payment obligations, intellectual property, confidentiality, limitation of liability, indemnification, dispute resolution) remain in effect.

15. Changes to the Services & Terms

MagonShift continuously develops and improves its Services and may add, modify, replace, suspend, or discontinue any feature, functionality, integration, API, or component at any time. Where practicable, advance notice of material changes will be provided. MagonShift reserves the right to update these Terms at any time to reflect changes in the Services, legal requirements, business practices, or operational needs. When material changes are made, MagonShift will make reasonable efforts to notify Merchants. Continued use after the effective date of revised Terms constitutes acceptance; if the Merchant does not agree, they must discontinue use and may terminate their Account.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the People's Democratic Republic of Algeria, without regard to its conflict of law principles. Before initiating formal legal proceedings, the parties agree to make reasonable efforts to resolve any dispute through good-faith discussions and negotiations. If a dispute cannot be resolved amicably, it shall be submitted to the competent courts of the People's Democratic Republic of Algeria. Nothing in this section prevents either party from seeking urgent interim or injunctive relief where permitted by applicable law.

17. Contact

MagonShift E-Solutions — Oum El Bouaghi, Algeria. Support: contact@magonshift.com · Legal: legal@magonshift.com · Web: https://magonshift.com