Terms of Service
Updated: February 25, 2025
These Terms of Service ("Terms") in conjunction with our Privacy Policy, are the entire agreement ("Agreement") between you ("You", "Your", "User", "Customer") and Takyon Commerce ("We", "Us", "Our", "Company"). These Terms govern Your use of Website available at https://takyoncommerce.com and Products which may be purchased through Website (collectively, the "Service").
By (a) creating an account on Website through the account registration process that references this agreement, or (b) purchasing a Product through an online ordering process that references this agreement, Customer agrees to be bound by the Agreement.
By using Service, you acknowledge that you read these Terms of Service and agree to be bound by them.
1. Amendments to Agreement
We may amend Agreement at any time by posting the amended agreement on this site. It is your responsibility to review the Agreement periodically.
Your continued use of the Service following the posting of revised agreement means that you accept and agree to the changes.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised agreement. If you do not agree to the new agreement, you are no longer authorized to use Service.
2. License
When you purchase the Product in accordance with these Terms, we grant you revocable, non-exclusive, non-transferable, non-sublicensable license to the Product, limited to download, install and use of the Product solely for your own personal or business use, subject to the terms set forth in these Terms.
When you purchase a Product, the license to that Product is given to use to only one production Magento installation. If you need to install the Product on multiple Magento installations, a purchase must be made of that Product per Magento installation. You can install one license to any number of private installations at the same time for development or testing purposes.
You cannot give away, license, sub-license, sell, rent, lease, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Products, or make the whole Product or part of it available to any third parties.
3. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to:
- Give, sell, distribute, sub-license, rent, lease or lend any portion of the Service to anyone. You may not place the Products on a server so that it is accessible via a public network such as the Internet for distribution purposes.
- Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Service.
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
4. Subscriptions
Products are billed on a renewable subscription basis ("Subscription(s)"). When making a purchase you will be billed in advance. Billing cycles are set on annual basis.
Subscriptions include free technical support and free software updates for purchased Products. You are eligible to download only those releases of Products that have been released before the end of your subscription period.
5. Technical Support
We offer free technical support for active subscribers by email support@takyoncommerce.com and via customer support page.
Before providing the support, we have the right to ask you for confirmation that you have the active subscription for the Product(s) you request support for and may decline in support if it cannot be established that you have the active subscription.
6. Purchases
If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
7. Refunds
We offer a 30-day money back guarantee for the subscription purchases. To confirm a refund, you must uninstall and destroy all copies of the Products.
To submit a refund, please contact us by email support@takyoncommerce.com or via customer support page.
8. Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We reserve the right to exclude any Product from the sales at any time. In such a case, we will cease to develop and offer any update of such Product.
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service without a prior notice to you.
11. Intellectual Property
Service and its original content, features and functionality are and will remain the exclusive property of Company and its licensors. Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company.
12. Feedback
You may provide us either directly at support@takyoncommerce.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
13. Logo Permission
By entering into this agreement, the Customer hereby grants the Company the non-exclusive, royalty-free right to use the Customer's logo for the sole purpose of promoting and referencing the Customer as a client of the Company.
Company may use the Customer's logo on its website, marketing materials, case studies, and other promotional content. Company agrees to use the Customer's logo in a professional manner and in accordance with any brand guidelines provided by the Customer. This logo usage right is non-transferable and shall remain in effect for the duration of the agreement and any subsequent renewal periods, unless terminated by either party in writing.
14. No Use by Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
15. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
16. Termination
We may terminate or suspend your account and access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
Regardless of the party initiating the termination, you shall uninstall and destroy any and all copies of the Products immediately after the termination and (or) receiving the termination notice from us.
Termination of these Terms by any reason does not bind us to return you the amount spent for purchase of the Products.
17. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
18. Contact Details
Please send your feedback, comments, requests for technical support by email support@takyoncommerce.com or via customer support page.
IE Brovko Maksim Sergeevich
Legal address: Shkolnaya street, bld 25, Mars khutor, Krasnosulinsky District, Rostov Oblast, Russia, 347878
Bank details:
Beneficiary customer: IE Brovko Maksim Sergeevich
Account number (RUB): 40802810620000482923
SWIFT: LCTCRUMMXXX
Bank identifier code: 044525104
Correspondent account: 30101810745374525104
Beneficiary bank: LIMITED LIABILITY COMPANY BANK TOCHKA
City, country: Lane. 3rd Krutitsky, bld 11, premises 7N, Moscow, Russia, 109044