Terms of service
Terms of Service
Overview
Welcome to OpenScape! References to “we”, “us”, and “our” refer to OpenScape. OpenScape operates this store and website, including all related information, content, features, tools, products, and services contained within, to deliver a curated shopping experience to you (the customer), collectively referred to as the “Service”. This Service is powered by Shopify.
These Terms and Conditions, together with any policies referenced herein (collectively the “Terms of Service” or “Terms”), set forth your rights and obligations when using the Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.
By visiting, accessing, using, or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not agree to these Terms or our Privacy Policy, you may not access or use our Service.
Article 1 – Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents under your care to use the Service on any device owned, purchased, or managed by you.
To use the Service, including browsing our online store or purchasing any products or services, you may be required to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you hold all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not assign, sell, transfer, or license your account to any third party.
Article 2 – Our Products
We make every effort to display our products and services accurately in our online store. However, please note that product colors and appearances may differ from on-screen displays due to device type, screen settings, and configuration.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or match exactly the descriptions displayed on our online store.
We reserve the right to modify all product descriptions at any time without prior notice. We further reserve the right to discontinue any product at any time and may limit product availability to any person, geographic region, or jurisdiction at our sole discretion.
Article 3 – Orders
By submitting an order, you are placing an offer to purchase. OpenScape reserves the right to accept or decline any order for any reason at its sole discretion. Your order is not confirmed and accepted until formally acknowledged by OpenScape. We must receive and process your payment prior to order acceptance. Please review your order carefully before submission, as we may not accommodate cancellation requests once an order has been accepted.
If we decline, modify, or cancel your order, we will attempt to notify you via the email address, billing address, or phone number provided at checkout.
All purchased items are subject to returns and exchanges solely in accordance with our Refund Policy [Link].
Your purchases are intended for personal or household use only and may not be resold commercially or exported.
Article 4 – Pricing and Billing
Prices, discounts, and promotions are subject to change without prior notice. The price charged for products or services shall be the rate in effect at the time of order submission and will be confirmed in your order confirmation email. Unless explicitly stated otherwise, listed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.
Prices displayed in our online store may differ from those offered at physical retail locations, other online stores, or third-party retailers. We may offer promotional offers from time to time that affect pricing, which are governed by separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made at our store. You agree to promptly update your account details, including email address, credit card numbers, and expiration dates, to enable us to complete your transactions and contact you as needed.
You represent and warrant that:
(i) The credit card information you provide is true, correct, and complete;
(ii) You are duly authorized to use the credit card for purchases;
(iii) All charges incurred will be honored by your credit card issuer;
(iv) You will pay all incurred charges at the listed price, including shipping, handling, and all applicable taxes.
Article 5 – Shipping and Delivery
We are not liable for shipping or delivery delays. All delivery times are estimated only and not guaranteed. We assume no responsibility for delays caused by carriers, customs processing, or events beyond our reasonable control. Title and risk of loss for products shall transfer to you once goods are handed over to the shipping carrier.
Article 6 – Intellectual Property
The Service, including without limitation all trademarks, branding, text, imagery, graphics, product reviews, videos, audio, and their design, selection, and arrangement, is owned by OpenScape, its affiliates, or licensors, and protected by United States and international patent, copyright, and other intellectual property laws.
These Terms grant you the right to use the Service solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any content from the Service without our prior written consent. Nothing in these Terms shall be construed as granting you any license or right to use any patent, trademark, copyright, or other intellectual property belonging to OpenScape, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by OpenScape.
The name, logo, product and service names, designs, and slogans of OpenScape are trademarks of OpenScape, its affiliates, or licensors. You may not use such trademarks without prior written permission from OpenScape. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, and designs appearing within the Service are trademarks of their respective owners.
Article 7 – Optional Third-Party Tools
As part of the Service, you may gain access to optional third-party customer tools. We do not monitor, control, or intervene in any manner with such third-party tools.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations, conditions, or endorsements of any kind. We shall not be liable for any damages or losses arising from or related to your use of optional third-party tools.
Your use of any optional tools available through this website is entirely at your own discretion and risk, and you must ensure that you review and agree to the applicable terms provided by the third-party provider.
We may also introduce new features, including additional tools and resources, through the Service in the future. Such new features shall be deemed part of the Service and subject to these Terms of Service.
Article 8 – Third-Party Links
The Service may contain content and hyperlinks to websites operated or provided by third parties, including embedded third-party functionalities. We are not responsible for reviewing or evaluating the accuracy or content of any external third-party sites you choose to access. If you leave our Service to visit third-party platforms, you do so entirely at your own risk.
We shall not be liable for any damage or loss arising from your access to third-party websites or your purchase and use of third-party products, services, resources, or content. Please carefully review third-party policies and practices before completing any transactions. All complaints, claims, concerns, or questions regarding third-party goods and services must be directed solely to the relevant third party.
Article 9 – Relationship with Shopify
[Merchant Note: Do not remove or modify this section.]
OpenScape is powered by Shopify to provide you with the Service. All sales and purchases made on our store are transacted directly with OpenScape. By using the Service, you acknowledge and agree that Shopify shall have no liability whatsoever for any aspect of transactions between you and OpenScape, including any injury, damage, or loss arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with OpenScape.
Article 10 – Privacy Policy
All personal information collected through the Service is governed by our Privacy Policy [Link]. Certain personal data may also be subject to Shopify’s Privacy Policy. By using the Service, you confirm that you have read and understood our Privacy Policy.
As the Service is hosted by Shopify, Shopify may collect and process personal data related to your access and usage of the Service to operate and improve platform services. Information you submit via the Service may be transmitted to and shared with Shopify and third parties located outside your jurisdiction for service fulfillment. Please review our Privacy Policy [Link] to learn more about how we, Shopify, and our partners process your personal data.
Article 11 – Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively “Feedback”), you grant us an irrevocable, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use, across all media formats.
You further represent and warrant that:
(i) You own all rights to your Feedback;
(ii) You disclose any compensation or rewards received for submitting Feedback;
(iii) Your Feedback complies with these Terms.
We are under no obligation to keep Feedback confidential, provide compensation for Feedback, or respond to Feedback submissions.
We reserve the right (but not the obligation) to monitor, edit, or remove any Feedback deemed unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates third-party intellectual property rights or these Terms.
You agree that your Feedback shall not infringe upon any third-party rights including copyright, trademark, privacy, personality, or proprietary rights. You shall not submit defamatory, illegal, abusive, obscene content, or any computer viruses or malicious code that may disrupt the Service or related websites. You may not use false email addresses, impersonate others, or misrepresent the origin of Feedback. You are solely responsible for the accuracy and content of any Feedback you submit, and we assume no liability for Feedback posted by you or any third party.
Article 12 – Errors, Inaccuracies and Omissions
Information displayed within the Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery timelines, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders at any time without prior notice, even after order submission.
Article 13 – Prohibited Uses
You may access and use the Service only for lawful purposes. You shall not use the Service:
(a) For any unlawful or malicious activity;
(b) In violation of any international, federal, provincial, state, or local laws and regulations;
(c) To infringe upon intellectual property rights belonging to us or third parties;
(d) To harass, abuse, insult, harm, defame, disparage, threaten, or injure our staff or any third party;
(e) To transmit false or misleading information;
(f) To send, knowingly receive, upload, download, or reuse any content that violates these Terms;
(g) To distribute unsolicited advertising or promotional material including spam, chain letters, junk mail, or similar solicitation;
(h) To impersonate any individual or entity;
(i) To engage in any conduct that restricts or inhibits others from using the Service, or that we determine may harm OpenScape, Shopify, or other users, or expose any party to liability.
Additionally, you agree not to:
(a) Upload or transmit viruses or malicious code that may disrupt the functionality of the Service;
(b) Reproduce, copy, replicate, scrape, sell, resell, or exploit any portion of the Service;
(c) Collect or track personal information of other users;
(d) Engage in spamming, phishing, URL hijacking, or impersonation attacks against the Service;
(e) Access the Service using bots, crawlers, scrapers, automated tools, AI agents, or any automated or manual bypass methods;
(f) Interfere with, bypass, or circumvent security measures, authentication systems, or bot protection protocols implemented to restrict access to the Service.
We reserve the right to suspend, disable, or terminate your account without prior notice if we determine you have violated any provision of these Terms.
Article 14 – Agent Usage
14.1 This Section applies if you use, enable, deploy, or authorize any automated agent to access, interact with, or use the Service. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of an individual or entity without direct human supervision.
14.2 No Agent may access or interact with the Service unless it clearly identifies itself and complies fully with Section 14.4. We may also prohibit any Agent from accessing the Service at our sole discretion.
14.3 We reserve the right to restrict, including by technical measures, whether and how any Agent may access and interact with the Service.
14.4 All Agents must:
(i) Disclose their identity in all HTTP/HTTPS requests by including Agent/[agent name] in the user-agent string;
(ii) Not conceal or mimic human behavior to bypass detection or circumvent CAPTCHA and anti-bot systems;
(iii) Respond truthfully to any verification prompts distinguishing human and automated access;
(iv) Not evade or bypass any access restriction or anti-automation measures implemented by us.
Article 15 – Termination
We may terminate this Agreement or your access to the Service, in whole or in part, at any time without prior notice. You remain liable for all charges incurred up to and including the date of termination.
All clauses that by their nature should survive termination shall remain in effect, including intellectual property, Feedback provisions, disclaimers, liability limitations, indemnification, severability, waiver, entire agreement, assignment, governing law, and Privacy Policy.
Article 16 – Disclaimer of Warranties
All information provided on or through the Service is for general reference only. We do not warrant the accuracy, completeness, or usability of such information. Your reliance on any Service content is entirely at your own risk. We shall not be liable for any losses arising from reliance on Service materials by you or any third party.
The Service and all products are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant uninterrupted, timely, secure, or error-free use of the Service. Certain jurisdictions do not allow limitations on implied warranties, so some disclaimers herein may not apply to you.
Article 17 – Limitation of Liability
To the fullest extent permitted by applicable law, OpenScape, its partners, directors, officers, employees, affiliates, agents, contractors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Service or purchased products, including loss of profits, revenue, savings, data, replacement costs, or similar losses, whether arising under contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. This limitation also applies to Shopify and its affiliates.
Article 18 – Indemnification
You agree to indemnify, defend, and hold harmless OpenScape, Shopify, their affiliates, partners, officers, directors, employees, agents, contractors, and service providers from any third-party claims, damages, liabilities, or expenses (including reasonable attorney fees) arising from:
(1) Your breach of these Terms or any incorporated policies;
(2) Your violation of applicable laws or third-party rights;
(3) Your access and use of the Service.
We will notify you promptly of any indemnification claim; failure to notify shall not relieve your obligations unless you suffer substantial harm as a result. We reserve the right to assume control of defense and settlement, at your cost, and may not settle any claim imposing non-monetary obligations without your consent. You shall cooperate fully in the defense of any indemnification claim.
Article 19 – Severability
If any provision of these Terms is found unlawful, invalid, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law. The unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.
Article 20 – Waiver & Entire Agreement
No failure by us to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision.
These Terms of Service, together with all policies and operational rules published on this website, constitute the entire agreement between you and us governing your use of the Service, superseding all prior oral or written understandings and agreements. No ambiguity in these Terms shall be construed against the drafting party.
Article 21 – Assignment
You may not assign or transfer any rights or obligations under this Agreement without our prior written consent; any attempted unauthorized assignment shall be void. We may assign or transfer our rights and obligations under these Terms without notice or consent.
Article 22 – Governing Law
These Terms of Service and any separate agreements providing the Service shall be governed by and construed in accordance with the federal and state laws of the jurisdiction where OpenScape’s headquarters are located. You and OpenScape consent to the exclusive jurisdiction of such courts.
Article 23 – Headings
Section headings used in this Agreement are for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
Article 24 – Modifications to Terms of Service
You may review the current version of these Terms of Service at any time on this page.
We reserve the right to update, modify, or replace any portion of these Terms at any time, with changes posted on our website. It is your responsibility to review our site periodically for updates. We will notify you of material changes where required by applicable law, with amendments effective as of the specified date. Your continued use of the Service following posted updates constitutes acceptance of the revised Terms.
Article 25 – Contact Information
If you have any questions regarding these Terms of Service, please contact us via email at qq819292877@gmail.com。
