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Terms of use

Version in force as of 25 September 2026.

1. Purpose

1.1. These terms of use (the “Terms”) set out the conditions under which Komerxe (“Komerxe”, “we” or “us”) makes its platform for creating and running online shops available to Merchants, and the rights and obligations of each party.

1.2. They apply to every Merchant and every Member, whatever the Plan, including the free plan.

2. Definitions

In these Terms, the following capitalised terms have the meanings given below.

  • “Buyer” means any person who visits a Shop, places an order, makes a booking or opens a customer account in it.
  • “Content” means everything the Merchant publishes or uploads on the Platform, including text, images, videos, files, product listings, prices, theme code and messages.
  • “Member” means any person invited by a Merchant to take part in running its Shop.
  • “Merchant” means the individual or legal entity that creates an account on the Platform to run a Shop.
  • “Pack” means additional capacity bought on top of a Plan (orders, storage or traffic).
  • “Plan” means the subscription tier that determines a Shop’s features and limits.
  • “Platform” means the Komerxe service as a whole, including the dashboard, published Shops, tools, integrations and application programming interface (API).
  • “Shop” means the sales space a Merchant opens on the Platform, available at a komerxe.shop address or on the Merchant’s own domain name.

3. Acceptance

3.1. Creating an account constitutes full and unreserved acceptance of these Terms and of the Privacy Policy. A Merchant who does not accept them must not use the Platform.

3.2. The applicable Terms are those in force on the date of each use of the Platform. They prevail over any other document issued by the Merchant, including its own general terms.

4. Eligibility

4.1. The Platform is reserved for persons aged 18 or over who have the legal capacity to enter into contracts.

4.2. The Platform is intended for professional use. By opening a Shop, the Merchant acts in the course of its trade, craft, profession or non-profit activity, and not as a consumer.

4.3. A person signing up on behalf of a company or organisation represents that they have authority to bind it. That company or organisation is then bound by these Terms.

4.4. The Platform can be used from most countries. The Merchant is responsible for ensuring that its activity is lawful in the country where it is established and in each country where it sells.

4.5. Komerxe may refuse a registration or the opening of a Shop without giving reasons.

5. Account

5.1. The Merchant provides accurate information and keeps it up to date, in particular its email address, to which Komerxe sends its communications. A message sent to that address is deemed received.

5.2. Login credentials are strictly personal. The Merchant is responsible for all actions taken from its account and for those of the Members it invites. Where it signs in with a Google account, it is also responsible for the security of that account.

5.3. Komerxe recommends enabling two-factor authentication or a passkey. If unauthorised access is suspected, the Merchant changes its password without delay and informs Komerxe.

5.4. The account and the Shop may not be assigned, rented out or resold without Komerxe’s prior written consent.

6. Role of Komerxe and responsibilities of the Merchant

6.1. Komerxe provides a technical service. The Merchant is the sole seller of the products and services offered in its Shop; each sale, booking or enrolment is concluded directly between the Merchant and the Buyer. Komerxe does not act as seller, agent or payment intermediary and is not a party to any of these transactions.

6.2. The Merchant is solely responsible, in particular, for:

  • its products and services, their regulatory compliance, description, price and availability;
  • its terms of sale, returns and refunds policy, legal notice and privacy policy, which it publishes on its Shop;
  • delivery, after-sales service, statutory and commercial warranties and the handling of Buyer complaints;
  • the taxes and duties payable on its sales, and the invoices it is required to issue;
  • obtaining the permits, licences and registrations its activity requires.

6.3. The templates, texts and default settings offered on the Platform are provided for guidance only and do not constitute legal, tax or accounting advice. The Merchant must check and adapt them before publication.

7. Collection of sales proceeds

7.1. Buyers’ online payments are processed by the payment provider the Merchant connects to its Shop, namely Wajub, and through the payment methods available through it. Funds are paid directly into the Merchant’s account with that provider. At no time does Komerxe receive or hold the sums paid by Buyers.

7.2. The relationship between the Merchant and its payment provider, including fees, is governed by the provider’s terms. Komerxe shall not be liable for any interruption, refusal or withholding of funds attributable to that provider.

7.3. Offline payments (cash on delivery, bank transfer, deposits) are collected by the Merchant alone. Refunds, disputes and chargebacks are the Merchant’s sole responsibility.

7.4. Komerxe charges no commission on the Merchant’s sales. The only sums payable to Komerxe are the prices of Plans and Packs.

8. Plans, Packs and fees

8.1. The Départ plan is free, within the limits shown on the Pricing page. Other Plans and all Packs are paid.

8.2. Paid Plans and Packs are payable in advance for the period selected at the time of payment, at the price displayed at that time in the currency offered for the Shop. There is no automatic renewal: a new payment is only made on the Merchant’s initiative. Komerxe notifies the Merchant before the end of the period.

8.3. Paying for the same Plan before the end of the current period extends that period from its end date.

8.4. When a period ends without renewal, the Shop automatically moves to the Départ plan. Its data is retained, but features and capacity beyond that plan cease to be available. In particular, orders received beyond the monthly allowance remain paid by Buyers but can no longer be prepared, shipped or invoiced until the Merchant adds a Pack or changes Plan; premium themes can no longer be published; the “with Komerxe” mention reappears in the Shop’s emails; and uploading new videos is disabled.

8.5. A Pack is valid for the calendar month, in the Shop’s time zone, in which it is purchased. Any part unused at the end of that month is forfeited.

8.6. Save where mandatory law provides otherwise, sums paid are non-refundable, including on a change of Plan, closure of the Shop or suspension for breach of these Terms. Any period that has begun is payable in full.

8.7. Komerxe may change its prices at any time. New prices apply only to payments made after their publication and do not affect a period already paid for.

9. Referrals

9.1. When a Shop opened through a Merchant’s referral link pays for its first Plan, both Shops receive additional subscription time, on the terms shown in the dashboard.

9.2. This benefit takes the form of subscription time only. It cannot be exchanged for cash or transferred, and it is not granted between two Shops belonging to the same person.

9.3. Any fraud or attempted fraud in connection with referrals results in the cancellation of the time obtained and may justify the closure of the accounts concerned.

10. Usage limits

10.1. Each Plan includes limits, in particular on storage, traffic, the number of orders and marketing emails per month and the number of Members. Certain tools, such as writing suggestions and photo retouching, are also limited to a number of uses per day.

10.2. Komerxe may throttle, suspend or refuse, without notice where necessary, any use that exceeds these limits or is likely to compromise the stability of the Platform or the operation of other Shops, such as abnormal load, mass mailings or abusive automated requests.

10.3. The Platform is not a file-hosting service. Uploaded files must be used for the operation of the Shop.

11. Prohibited products, content and practices

11.1. The Merchant may not sell, offer, promote or publish on the Platform, including free of charge or through an external link:

  • any product, service or content that is unlawful in the Merchant’s country or in the Buyer’s;
  • weapons, ammunition and explosives, and their essential components;
  • narcotics and psychoactive substances, prescription-only medicines or medicines without marketing authorisation, and any product presented as curing a disease;
  • counterfeits, replicas and unlawful copies, and more generally any product or content infringing third-party rights (trademarks, copyright, patents, image rights);
  • stolen goods or goods of fraudulent origin;
  • protected species, ivory and products derived from them, and human organs, tissue and remains;
  • any sexual content involving minors, sexual services and pornographic content;
  • hateful or violent content, content glorifying terrorism, and harassing or threatening content;
  • unauthorised gambling, lotteries and betting;
  • unauthorised financial services, investments promising a return, pyramid or Ponzi schemes and get-rich-quick schemes;
  • forged documents, including identity documents, diplomas, certificates and reviews;
  • malware, hacking services, stolen accounts or data, and contact lists;
  • tobacco, alcohol and any other regulated product, unless authorised and in compliance with the applicable sales and age rules.

11.2. The following are also prohibited: impersonating another person or brand; misleading Buyers as to the characteristics, origin, price or delivery time of a product; publishing fake reviews; taking payment for a product the Merchant does not intend to deliver; circumventing the limits of its Plan or the Platform’s security measures; carrying out penetration tests or scans of the Platform without Komerxe’s written consent; and reselling access to the Platform.

11.3. In the event of a breach of this section, Komerxe may, without notice or refund, remove any Content, hide any product, suspend the Shop or close the account, and report the matter to the competent authorities.

12. Communications to Buyers

12.1. Order-related emails are sent in the Shop’s name. Marketing emails, including campaigns, cart reminders and win-back messages, are sent only to Buyers who have consented to them and include an unsubscribe link. The Merchant shall not circumvent this mechanism or import contacts whose consent it cannot demonstrate.

12.2. Sending unsolicited messages is prohibited. An abnormal rate of complaints or bounces may lead to the suspension of the Shop’s sending.

12.3. Where the Merchant connects its own email or messaging service, it complies with that service’s terms and with the applicable consent rules.

12.4. On the Départ plan, the Shop’s emails carry the “with Komerxe” mention, which the Merchant shall not remove or conceal.

13. Buyers’ personal data

13.1. For its Buyers’ personal data, the Merchant is the controller and Komerxe acts as processor, on behalf of and on the instructions of the Merchant. This section constitutes the data processing agreement between the parties.

13.2. Komerxe processes this data solely for the operation of the Shop, in accordance with the Merchant’s instructions as expressed through its settings and its use of the tools. Komerxe does not sell this data or use it for its own marketing.

13.3. Only authorised Komerxe personnel, bound by a duty of confidentiality, may access this data, and only for support, security or compliance with a legal obligation.

13.4. The Merchant authorises Komerxe to engage the sub-processors listed in the Privacy Policy and to replace them. Komerxe informs the Merchant of any change.

13.5. Komerxe provides the Merchant with tools to respond to Buyers’ requests, including exporting and erasing a customer’s data. Upon erasure, orders and invoices are retained without the information that identifies the customer, in accordance with legal obligations.

13.6. Komerxe notifies the Merchant without undue delay of any personal data breach affecting its Shop.

13.7. The Merchant is responsible for having a legal basis for each processing operation, for informing its Buyers through its own privacy policy and for obtaining their consent where required, in particular for advertising pixels and marketing emails. The consent tools provided by Komerxe do not relieve it of these obligations.

13.8. After the Shop is closed, this data is deleted within the periods set out in the Privacy Policy.

14. Third-party services, integrations and API

14.1. The Platform allows the Merchant to connect third-party services, including payment, email, messaging, calendar, course, webhook and domain name services. Each of these services is governed by its own terms, which the Merchant accepts directly with its provider. Komerxe does not guarantee their availability or operation and accepts no liability in respect of them.

14.2. By connecting a third-party service, the Merchant authorises Komerxe to exchange with that service the data required for the chosen integration.

14.3. The Merchant’s API keys, tokens and secrets are confidential. Any request made using them is deemed to originate from the Merchant. Use of the API is subject to rate limits, and Komerxe may revoke any key used abusively.

14.4. The Merchant remains the holder of its domain name and is solely responsible for its renewal and configuration.

15. Custom code and automated suggestions

15.1. The Merchant is responsible for the code it writes or imports into its themes. Komerxe may disable such code if it affects the security, performance or proper operation of the Platform.

15.2. Writing, translation and image-retouching suggestions are generated automatically, including by means of artificial intelligence services, and may contain errors. The Merchant reviews them before any publication and is responsible for them once published.

16. Intellectual property

16.1. The Platform, including its name, logo, software, themes, templates and documentation, is the property of Komerxe or its licensors. Komerxe grants the Merchant a personal, non-exclusive and non-transferable right of use for the duration of its account and within the limits of its Plan. Any reproduction, decompilation, extraction or resale of all or part of the Platform or its themes outside the Platform is prohibited.

16.2. The Merchant retains ownership of its Content. It grants Komerxe a free, non-exclusive, worldwide licence, for as long as the Content remains on the Platform, to host, reproduce, technically adapt (resizing, compression, translation at its request) and display it, solely for the operation of the Shop and the Platform.

16.3. The Merchant warrants that it holds all necessary rights in its Content, including photographs, text, trademarks, fonts, music and videos, and that its publication does not infringe the rights of any third party. Any rights holder may report infringing Content to Komerxe, which Komerxe may remove without the Merchant’s prior consent.

16.4. Unless the Merchant objects in writing, Komerxe may cite the name and public address of its Shop as a commercial reference.

16.5. Ideas and suggestions the Merchant shares with Komerxe may be used freely by Komerxe without compensation.

17. Availability, maintenance and backups

17.1. Komerxe uses reasonable means to ensure the availability and security of the Platform, without any obligation of result. Komerxe does not warrant that the Platform will operate without interruption or error.

17.2. Access to the Platform may be interrupted for scheduled or emergency maintenance, without giving rise to any compensation.

17.3. The database is backed up daily and each backup is kept for 14 days. These backups are intended to restore the Platform, not to recover on request Content deleted by the Merchant. The Merchant is responsible for keeping its own exports.

17.4. Komerxe may develop the Platform and add, change or remove features. Where the removal of a feature significantly reduces a paid Plan in progress, Komerxe informs the Merchant in advance.

18. Liability

18.1. Komerxe is liable only for proven fault, and only for the direct damage resulting from it.

18.2. Komerxe shall in no event be liable for indirect damage, such as loss of revenue, profit, custom, data or reputation, or for the consequences of the Merchant’s sales, products or Content, of third-party services or of Buyers’ conduct.

18.3. In any event, Komerxe’s total aggregate liability, for all causes combined, is capped at the higher of the sums paid by the Merchant to Komerxe in the twelve months preceding the event giving rise to liability and the equivalent of 100 US dollars.

18.4. These limitations do not apply in the case of gross negligence or wilful misconduct, or where applicable law prohibits them.

19. Indemnity

The Merchant shall indemnify Komerxe, its officers and employees against any claim, action, fine or judgment, including reasonable legal fees, arising from its Shop, its products, its Content, its dealings with Buyers or any breach of these Terms or of the law.

20. Suspension and termination

20.1. The Merchant may close its Shop at any time from the Shop’s settings, then delete its account from its profile. It is responsible for exporting beforehand any data it wishes to keep.

20.2. Komerxe may suspend or close a Shop or an account with immediate effect and without notice in the event of prohibited products, Content or practices, fraud or serious suspicion of fraud, a security risk, repeated Buyer complaints, a request from an authority, or a serious breach of these Terms.

20.3. For any other breach, Komerxe sends the Merchant a formal notice giving it a reasonable period to remedy the breach. Failing this, Komerxe may close the account.

20.4. Suspension or closure for breach gives no right to any refund or compensation.

20.5. If the Platform is permanently discontinued, Komerxe informs Merchants at least 60 days in advance and refunds the unused portion of paid periods.

20.6. After closure, data is deleted within the periods set out in the Privacy Policy, except data Komerxe is legally required to retain.

21. Changes to the Terms

Komerxe may amend these Terms. Any material change is notified to the Merchant by email or in the dashboard at least 30 days before it takes effect, unless a legal obligation or security requirement calls for a shorter period. Continued use of the Platform after that date constitutes acceptance of the amended Terms. A Merchant who does not accept them must close its account before they take effect.

22. Miscellaneous

22.1. If any provision of these Terms is held void or unenforceable, the remaining provisions remain in full force.

22.2. Komerxe’s failure to enforce a breach does not constitute a waiver of its right to do so later.

22.3. The Merchant may not assign its contract with Komerxe without Komerxe’s prior consent. Komerxe may assign it to any entity taking over the operation of the Platform, after informing the Merchant.

22.4. These Terms are drafted in French and translated into English. In the event of any discrepancy, the French version prevails.

23. Governing law and disputes

These Terms are governed by the law of the country in which Komerxe has its registered office. In the event of a dispute, the parties shall seek an amicable settlement for 30 days from the written complaint of either party. Failing agreement, the dispute shall be brought before the competent courts for the place of Komerxe’s registered office, subject to mandatory legal provisions.

24. Contact

Any question about these Terms may be sent to [email protected].

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