Terms of Service

These Terms of Service ("Terms") govern your access to and use of the 10mShop platform ("Platform"), a service operated by scriptsCanFly by Simon Laube, Bifangstrasse 4, 5610 Wohlen AG, Switzerland, UID CHE-401.907.123 ("we", "us", "our"). By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

10mShop is a software tool that enables users ("Merchants") to create and operate their own online shops, manage products, and accept payments from their own customers ("Customers") via third-party payment providers such as Stripe.

We are a technology provider only. We are not a party to any sale, subscription, or other transaction between a Merchant and their Customers. We do not manufacture, stock, sell, ship, or deliver any products or services offered in Merchant shops.

Each Merchant is solely responsible for their shop and everything sold through it, including:

• The accuracy and legality of all products, services, prices, and content in their shop
• Fulfilling, shipping, and delivering orders to their Customers
• Handling returns, refunds, complaints, warranty claims, and customer support
• Complying with all applicable laws, including consumer protection, distance selling, tax (e.g. VAT), product safety, and data protection laws
• Providing legally required information such as their own terms of sale, privacy policy, imprint, and shipping/return policies
• Obtaining any licenses or permits required to sell their products or services
• The configuration and compliance of their own Stripe account and payouts

Merchants act in their own name and for their own account. Merchants are the sole sellers of record for all transactions in their shops.

We do not review, endorse, or guarantee any Merchant, shop, product, or service. We are not responsible or liable for:

• Non-delivery, late delivery, or defective products or services ordered from a Merchant shop
• Any Merchant’s failure to issue refunds or honor warranties
• Illegal, infringing, misleading, or otherwise objectionable content or products in Merchant shops
• Any dispute between a Merchant and their Customers
• Any damages arising from transactions conducted through Merchant shops

If you are a Customer of a Merchant shop, your contract is exclusively with that Merchant. Please direct all claims and inquiries to the Merchant.

You must provide accurate information when creating an account and keep your credentials secure. You are responsible for all activity under your account. You must be at least 18 years old and legally capable of entering into contracts to use the Platform.

You may not use the Platform to:

• Sell illegal, counterfeit, or dangerous products, or products you are not authorized to sell
• Engage in fraud, money laundering, or deceptive practices
• Infringe intellectual property or other rights of third parties
• Distribute malware or interfere with the operation of the Platform
• Violate Stripe’s terms or any applicable payment network rules

We may restrict, suspend, or terminate accounts and remove shops or content that, in our reasonable judgment, violate these Terms or applicable law. When we take such a measure against a merchant, we inform the affected merchant of the measure and of the main facts and grounds for it, at the latest when it takes effect — unless we are legally prevented from doing so, or immediate action is necessary to avert imminent harm, in which case the statement of reasons follows without undue delay. A merchant can contest a measure by writing to info@scriptsCanFly.ch; we review contested measures and reverse them where the grounds do not hold up.

Use of certain Platform features may require a paid subscription and/or usage-based fees (e.g. AI credits). Applicable fees are displayed in the Platform. We do not charge any fee on sales in Merchant shops: payments between Merchants and their Customers are processed by Stripe directly on the Merchant's own Stripe account, Stripe's processing fees are borne by the Merchant, and we never hold Customer funds ourselves.

The Platform offers AI-assisted generation of product descriptions, images, layouts, and other content. AI output may be inaccurate or incomplete. Merchants are responsible for reviewing all AI-generated content before publishing it and for ensuring it is accurate and lawful.

The Platform, including its software, design, and branding, is our property or that of our licensors. Merchants retain rights to the content they upload but grant us a non-exclusive, worldwide license to host, display, and process that content as necessary to operate the Platform.

How we process personal data is described in our Privacy Policy. Where we process personal data of a Merchant's customers on the Merchant's behalf, the Data Processing Addendum applies; it forms an integral part of these Terms, and by accepting these Terms the Merchant also accepts the Data Processing Addendum.

We strive to keep the Platform available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features at any time. We are not liable for any losses caused by downtime or changes to the Platform.

The Platform is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, or non-infringement, to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, we are liable only for damages caused by our intentional misconduct or gross negligence. Any liability for slight negligence, indirect or consequential damages, loss of profit, loss of data, or damages arising from transactions between Merchants and Customers is excluded. Mandatory statutory liability (e.g. for personal injury) remains unaffected.

Merchants agree to indemnify and hold us harmless from any claims, damages, and costs (including reasonable legal fees) brought by third parties, including their Customers, arising out of their shop, their products or services, their content, or their breach of these Terms or applicable law.

You may stop using the Platform and delete your account at any time. We may suspend or terminate your access if you breach these Terms or applicable law; the statement of reasons and the review process described in Section 6 apply to such measures. Sections that by their nature should survive termination (including Sections 4, 13, and 14) will survive.

We may update these Terms from time to time. We will indicate the date of the latest revision at the top of this page. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the registered seat of scriptsCanFly by Simon Laube in Wohlen AG, Switzerland, subject to mandatory statutory venues.

10mShop is a service of scriptsCanFly by Simon Laube, Bifangstrasse 4, 5610 Wohlen AG, Switzerland. For questions about these Terms, please contact us at info@scriptsCanFly.ch.