Wireless Freedom Terms of Service

  1. 1. Account Terms
  2. 2. Account Activation
  3. 3. Wireless Freedom Rights
  4. 4. Your Responsibilities
  5. 5. Payment of Fees and Taxes
  6. 6. Confidentiality
  7. 7. Limitation of Liability and Indemnification
  8. 8. Intellectual Property and Your Materials
  9. 9. Additional Services
  10. 10. Feedback and Reviews
  11. 11. Intellectual Property Infringement
  12. 12. Privacy and Data Protection
  13. 13. Wireless Freedom Contracting Party
  14. 14. Term and Termination
  15. 15. Modifications
  16. 16. General Conditions

Français Si vous avez besoin de ces conditions de service en français, veuillez nous contacter.

Last Updated December 8, 2025.

By signing up for a Wireless Freedom Account (as defined in Section 1) or by using any Wireless Freedom Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service").

As used in these Terms of Service, "we", "us", "our" and "Wireless Freedom" means the applicable Wireless Freedom, Inc. Contracting Party (as defined in Section 13 below), and "you" means the Wireless Freedom User (if registering for or using a Wireless Freedom Service as an individual), or the business employing the Wireless Freedom User (if registering for or using a Wireless Freedom Service as a business) and any of its affiliates.

Wireless Freedom offers a range of tools for merchants to sell products and services online (web and mobile), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by Wireless Freedom are referred to in these Terms of Services as the "Service(s)". Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.wirelessfreedom.ca/admin/terms.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service before you may sign up for a Wireless Freedom Account or use or continue to use any Wireless Freedom Service. A summary of terms is provided to highlight key points for convenience, but it does not form or replace the full-length terms that are the legally binding contract.

This Agreement may be available in languages other than English. To the extent that any inconsistencies or conflicts between this English Agreement and the Agreements available in another language exist, the most current English version of the Agreement will prevail.

1. Account Terms

  1. To access and use the Services, you must register for a Wireless Freedom account ("Account"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Wireless Freedom may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You confirm that you are receiving any Services provided by Wireless Freedom for the purposes of carrying on a business activity and not for any personal, household or family purpose.
  4. You confirm that you are receiving any Services provided by Wireless Freedom for the purposes of carrying on a business in Canada, solely for Canadian customers.
  5. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  6. Your Wireless Freedom Store can only be associated with one Store Owner. A Store Owner may have multiple Wireless Freedom Stores. You agree to use Wireless Freedom Checkout for your store. "Store" means the online store (whether hosted by Wireless Freedom or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.
  7. You acknowledge that Wireless Freedom will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you ("Primary Email Address"). You must monitor the Primary Email Address you provide to Wireless Freedom and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Wireless Freedom can only be authenticated if they come from your Primary Email Address.
  8. You are responsible for keeping your password secure. Wireless Freedom cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
  9. Technical support in respect of the Services is only provided to Wireless Freedom Users. Questions about the Terms of Service should be sent to Wireless Freedom Support.
  10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Wireless Freedom.
  11. You agree not to assist third parties to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Wireless Freedom.
  12. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Wireless Freedom's Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
  13. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
  14. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, product reviews, or other business content and data provided or made available by you or on your behalf to Wireless Freedom or its affiliates.

2. Account Activation

2.1 Store Owner

  1. Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store's website.
  2. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. Your Wireless Freedom Store can only be associated with one Store Owner. A Store Owner may have multiple Wireless Freedom Stores. You agree to use Wireless Freedom Checkout for your store. "Store" means the online store (whether hosted by Wireless Freedom or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

  1. Based on your Wireless Freedom pricing plan, you can create one or more staff accounts ("Staff Accounts") allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
  2. The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner's employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
  3. The Store Owner and the users under Staff Accounts are each referred to as a "Wireless Freedom User".

2.3 Moneris Payments Accounts

  1. Upon completion of sign up for the Service, Wireless Freedom may facilitate the creation of a Moneris account using your Primary Email Address.
  2. You acknowledge that Moneris will be your default payments gateway(s) if you choose to take credit card payment at checkout, and that it is your sole responsibility as the Store Owner to activate and maintain this account. If you do not wish to keep the payment account active, it is your responsibility to deactivate it. For the avoidance of doubt, Moneris is a Third Party Service, as defined in Section 9.8 of these Terms of Service.

2.4 Wireless Freedom Store Accounts and Payments

  1. You are responsible for the configuration of the Service. Each Store comes default with one Store Account called "Retail", which is meant for guests or customers who register through the Store. Each Store may come with one or more Store Account templates meant for business-to-business (B2B) Store Accounts. The checkout Settings for each Store Account may include options like "Cash" or "On Account". It is your responsibility to ensure the appropriate payment options are available and that payment is received when processing orders. Wireless Freedom assumes no liability for the failure to accept or receive payments through the Service.
  2. If there is a payment method that you do not want on a Store Account, it is your responsibility to remove the option.
  3. Your continued use of Payment Methods on your Store after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, it is your responsibility to notify us, make Store Accounts inactive, make products unavailable to consumers, and close your account from your Wireless Freedom Store Admin.

2.5 Domain Names

Upon purchasing a domain name through Wireless Freedom, domain registration will be preset to automatically renew each year so long as your Wireless Freedom Account remains active, unless you do not have a valid payment method associated with your Account. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. Wireless Freedom Rights

  1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

  2. It is in Wireless Freedom's sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our Acceptable Usage Policy or these Terms of Service.

  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Wireless Freedom employee, member, or officer will result in immediate Account termination.

  4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Wireless Freedom employees and contractors may also be Wireless Freedom customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

  5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.

  6. Wireless Freedom reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Wireless Freedom reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

4. Your Responsibilities

  1. You acknowledge and agree to provide public-facing contact information, terms of service, a refund policy, and shipping policies (including order fulfillment timelines) on your Wireless Freedom Store. Public-facing contact information should include your name, address, telephone number, and email address. You should inform your customers if you use a third-party supplier.

  2. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly and only between you and the customer. You are the seller or merchant of record for all sales through the Services. You are responsible for the creation and operation of your Wireless Freedom Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer's purchase, determining and collecting taxes, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You are responsible for your Store, your Materials (including any Materials you create using Wireless Freedom's services and tools), and the goods and services you sell through the Services. For the avoidance of doubt, Wireless Freedom is not the seller or merchant of record and has no responsibility for your Store, your Materials, the goods or services you may sell through the Services, or any aspect of the transaction between you and your customer(s).

  3. You represent and warrant that you will comply with all applicable laws, rules, regulations, and rights of third parties in your use of any of the Service and your performance of obligations under the Terms of Service.

  4. The API Terms govern your access to and use of the Wireless Freedom API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.

5. Payment of Fees and Taxes

  1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services ("Subscription Fees") and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers ("Transaction Fees"), and any fees relating to your purchase or use of any products or services such as Wireless Freedom modules, Themes, domain names, or Third Party Services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".

  2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Wireless Freedom will charge applicable Fees to any valid payment method that you authorize ("Authorized Payment Method"), and Wireless Freedom will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Canadian dollars, and all payments will be in Canadian currency.

  3. Subscription Fees are paid in advance and will be billed on monthly intervals (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged from time to time at Wireless Freedom's discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the Primary Email Address provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

  4. If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Wireless Freedom reserves the right to terminate your Account in accordance with Section 14.

  5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").

  6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Wireless Freedom's products and services. To the extent that Wireless Freedom charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Wireless Freedom of your exemption. If you are not charged Taxes by Wireless Freedom, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

  7. For the avoidance of doubt, all sums payable by you to Wireless Freedom under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Wireless Freedom to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Wireless Freedom will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

  8. You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Wireless Freedom Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.

  9. You must maintain an accurate location in the administrative console of your Wireless Freedom Store. If you change jurisdictions you must promptly notify Wireless Freedom, Inc. and update your location in the administrative console.

  10. Wireless Freedom may provide refunds on a case-by-case basis. Refund requests must be submitted within 30 days of the billing date. Refunds are at Wireless Freedom's sole discretion and will be evaluated based on the circumstances of each request.

  11. Your access to and use of any tools that Wireless Freedom offers to you that help you calculate or estimate taxes that arise from or as a result of a sale on your Store ("Wireless Freedom Tax") is subject to the Wireless Freedom Tax Terms of Service.

6. Confidentiality

  1. "Confidential Information" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Wireless Freedom's Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

  2. Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party's obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party's Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability and Indemnification

  1. You expressly understand and agree that, to the extent permitted by applicable laws, Wireless Freedom and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
  2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Wireless Freedom partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and Provincial consumer protection laws), or your breach of the Terms of Service.
  3. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
  4. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
  5. Wireless Freedom does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  6. Wireless Freedom does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  7. Wireless Freedom is not responsible for any of your tax obligations or liabilities related to the use of Wireless Freedom's Services.
  8. Wireless Freedom does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

8. Intellectual Property and Your Materials

8.1 Your Materials

  1. We do not take ownership of the Materials that you provide to Wireless Freedom; however, we do require a license to your Materials. You hereby grant Wireless Freedom a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of your Materials. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. As part of providing the Services, Wireless Freedom may list, combine, feature, and promote your Materials, Store, and Your Trademarks in any channel operated by Wireless Freedom or Wireless Freedom partners. You represent, warrant, and agree that you have all necessary (a) rights in the Materials to grant this license, and (b) rights and consents to make available to Wireless Freedom to use or process any Materials or information collected from or about an individual associated with such Materials that is subject to protection under applicable data privacy laws or regulations.
  2. You irrevocably waive any and all moral rights you may have in the Materials in favour of Wireless Freedom and agree that this waiver may be invoked by anyone who obtains rights in the materials through Wireless Freedom, including anyone to whom Wireless Freedom may transfer or grant (including by way of license or sublicense) any rights in the Materials.
  3. If you owned the Materials before providing them to Wireless Freedom then, despite uploading them to your Wireless Freedom Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Wireless Freedom Store at any time by deleting your Account. Removing your Wireless Freedom Store does not terminate any rights or licenses granted to the Materials that Wireless Freedom requires to exercise any rights or perform any obligations that arose during the Term.
  4. You agree that Wireless Freedom can, at any time, review and delete any or all of the Materials submitted to the Services, although Wireless Freedom is not obligated to do so.
  5. You grant Wireless Freedom a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store ("Your Trademarks") to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Wireless Freedom requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2 Wireless Freedom Intellectual Property

  1. You agree that you may not use any trademarks, logos, or service marks of Wireless Freedom, whether registered or unregistered, including but not limited to the word mark Wireless Freedom, and the "WF", and shopping bag design mark ("Wireless Freedom Trademarks") unless you are authorized to do so by Wireless Freedom in writing. You agree not to use or adopt any marks that may be considered confusing with the Wireless Freedom Trademarks. You agree that any variations or misspellings of the Wireless Freedom Trademarks would be considered confusing with the Wireless Freedom Trademarks.
  2. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Wireless Freedom or Wireless Freedom Trademarks or that use or include any terms that may be confusing with the Wireless Freedom Trademarks.
  3. You acknowledge and agree that the Terms of Service do not give you any right to implement Wireless Freedom patents.

9. Additional Services

9.1 Scope

  1. Wireless Freedom may make available certain services, products, applications and tools, in addition to the Services, including but not limited to, Wireless Freedom Shipping, point-of-sale (POS) services and equipment, and the services outlined in this Section 9 (collectively, "Additional Services"). Your use of, and access to, any Additional Services is subject to these Terms or, in some cases, may be subject to additional and separate fees, terms, and policies (the "Additional Service Terms").

9.2 Enhanced Services

  1. Certain Additional Services help protect, grow, and improve your business and the businesses of other Wireless Freedom merchants through enhanced features that incorporate data and information from customer interactions with Your Store, with other Merchants, and with Wireless Freedom, such as analytics and security features (the "Enhanced Services"). Our systems may log requests to monitor for attacks and prevent intrusions. These requests may contain Personally Identifiable Information (PII), such as I.P. addresses.
  2. To provide the Enhanced Services, Wireless Freedom can use Personal Data from your customers' interactions across Wireless Freedom Services, incuding your Store, other Merchant Stores, and Wireless Freedom.
  3. You agree, represent, and warrant that you will comply with all requirements that apply to your customer Personal Data under applicable privacy laws in your jurisdiction.
  4. You are responsible for the content of your Terms of Service and Privacy Policy. You are required to include prominent links to your own Consumer Privacy Policy and Terms of Service. When setting up a Wireless Freedom Store, you may see some example text in your Terms of Service and/or Privacy Policy sections. Wireless Freedom does not accept any liability for this content and does not signify that it complies with applicable laws in your jurisdiction. You must include a description of Wireless Freedom's use of customer Personal Data for Enhanced Services in your privacy policy. The content of your terms of service and privacy policy must also (i) disclose that your Store is hosted by Wireless Freedom, and Wireless Freedom collects and processes your customers' Personal Data, for purposes including but not limited to, providing the Enhanced Services, (ii) include notice that information submitted by customers to the Store(s) will be shared with Wireless Freedom as well as third parties that may be located in other countries, in order to provide services to such users, including but not limited to the Enhanced Services, and (iii) include a link to the method by which customers may opt out or object to Wireless Freedom processing their data for certain use cases, depending on their jurisdiction here.

9.3 Themes

  1. You may establish the appearance of your Wireless Freedom Store with a design template from Wireless Freedom (a "Theme"). If you use a Wireless Freedom Theme, you are licensed to use it for a single Store only. You are free to transfer a Theme to a second one of your own Wireless Freedom Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact Wireless Freedom Support. You are not permitted to transfer or sell a Theme to any other person's Store on Wireless Freedom or elsewhere. Multiple Stores require multiple licenses and license is subject to the applicable fee. Wireless Freedom gives no assurance that a particular Theme will remain available for additional downloads.
  2. You may modify the Theme to suit your Store. Wireless Freedom may add or modify the footer in a Theme that refers to Wireless Freedom at its discretion. Wireless Freedom may modify the Theme where it contains, in our sole discretion, an element that violates the Wireless Freedom AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. Wireless Freedom may modify the Theme to reflect technical changes and updates as required.
  3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Wireless Freedom may take administrative action such as modifying your Store or closing your Store.
  4. Technical support for a Theme is the responsibility of the designer, and Wireless Freedom accepts no responsibility to provide such support. Wireless Freedom may be able to help you contact the designer.
  5. It is the responsibility of the user, and not Wireless Freedom, to ensure that the installation of a new theme or customization does not overwrite or damage the current or preexisting theme, or UI, of the user.

9.7 Wireless Freedom Email

  1. You may generate or send email from your Account using the Wireless Freedom email services (the "Email Services"). In addition to the terms applicable to the Services generally (including Wireless Freedom's Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:
  2. Wireless Freedom may employ certain controls to scan the content of emails you deliver using the Email Services prior to delivery ("Content Scanning"). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Wireless Freedom's Acceptable Use Policy (collectively, "Threats"). By using the Email Services, you explicitly grant Wireless Freedom the right to employ such Content Scanning. Wireless Freedom does not warrant that the Email Services will be free from Threats, and each Wireless Freedom merchant is responsible for all content generated by their respective Stores.
  3. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE "EMAIL SERVICES REQUIREMENTS"). Wireless Freedom, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
  4. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email ("UCE"), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
  5. Your use of the Email Services must comply with Wireless Freedom's Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.
  6. Your use of the Email Services must follow all applicable guidelines established by Wireless Freedom. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
    1. using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
    2. using purchased or rented email lists;
    3. using third party email addresses, domain names, or mail servers without proper permission;
    4. sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com
    5. sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
    6. failing to include a working "unsubscribe" link in each email that allows the recipient to remove themselves from your mailing list;
    7. failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
    8. failing to include in each email a link to the then-current privacy policy applicable to that email;
    9. disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
    10. failing to include in each email your valid physical mailing address or a link to that information; or
    11. including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
  7. If you or a customer knows of or suspects any violations of the Email Services Requirements, please visit Wireless Freedom to notify us. Wireless Freedom will determine compliance with the Email Services Requirements in its discretion.
  8. Wireless Freedom's Email Services utilize Third Party Providers, including SMTP.com. Your use of the Email Services may also be subject to SMTP.com's Terms and Conditions.

9.8 Third Party Services and Third Party Partners

  1. Wireless Freedom may provide you with access to or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use, including via the Wireless Freedom App Store or Partner Directory. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
  2. Your use of Third Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions between you and the Third Party Providers. In some instances, Wireless Freedom may receive a revenue share from Third Party Providers that Wireless Freedom recommends to you or that you otherwise engage.
  3. We do not provide any warranties or make representations to you with respect to Third Party Services or Third Party Providers. You acknowledge that Wireless Freedom has no control over Third Party Services or Third Party Providers and will not be responsible or liable to you or anyone else for such Third Party Services or Third Party Providers. The availability of Third Party Services, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Wireless Freedom. Wireless Freedom does not guarantee the availability of Third Party Services and you acknowledge that Wireless Freedom may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Wireless Freedom is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Wireless Freedom strongly recommends that you seek specialist advice before using or relying on Third Party Services or Third Party Providers to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing whether a good or service is taxable or the correct tax rates you should charge to your customers.
  4. If you install or enable a Third Party Service for use with the Services, you grant us permission to share on your behalf, or allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services. Any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Wireless Freedom is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
  5. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
  6. You acknowledge and agree that: (i) by submitting a request for assistance or other information for Third Party Services, you consent to being contacted by one or more Third Party Providers at the Primary Email Address (or such other email address provided by you) as well as the applicable user email address; and (ii) Wireless Freedom may receive email communications including replies that you exchange with Third Party Providers. You further agree that Wireless Freedom may share your contact details and the background information that you submit via the Services with Third Party Providers. You may choose to allow Third Party Providers access to certain parts of your Admin and control their access levels.
  7. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Wireless Freedom is not obligated to intervene in any dispute arising between you and a Third Party Provider.
  8. Under no circumstances will Wireless Freedom be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if Wireless Freedom has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
  9. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Wireless Freedom partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

9.9 Beta Services

  1. From time to time, Wireless Freedom may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants ("Beta Services"). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which Wireless Freedom will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Wireless Freedom Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Wireless Freedom's prior written consent. Wireless Freedom makes no representations or warranties that the Beta Services will function. Wireless Freedom may discontinue the Beta Services at any time in its sole discretion. Wireless Freedom will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Wireless Freedom may change or not release a final or commercial version of a Beta Service in our sole discretion.

9.10 Wireless Freedom Event Tracking

Wireless Freedom allows you to add third party code to your Wireless Freedom Store to enable you or a third party to track customer events (the "Event Tracking"). You may manage your tags from within the user interface in the administrative console of your Wireless Freedom Store.

  1. In addition to the terms applicable to your use of the Services generally (including these Terms of Service, Wireless Freedom's Acceptable Use Policy, and Privacy Policy), the following terms apply to your access to and use of the Wireless Freedom Event Tracking; a. You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track; b. If you provide Wireless Freedom with any data collected using tags, including names, email addresses, phone numbers, or other data that personally identifies an individual, you will obtain all necessary rights and consents prior to providing Wireless Freedom with the foregoing information; c. You agree that Wireless Freedom may disable any tags that Wireless Freedom identifies as malicious, in Wireless Freedom's sole discretion; and d. You will not, and will not allow any third parties to, use pixels; i. to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity; or ii. to disable, interfere with or circumvent any aspect of the Services.
  2. Wireless Freedom may collect information associated with the Event Tracking, such as how Event Tracking is used, and how and what scripts are added. Wireless Freedom may use this data to improve, maintain, protect and develop the Wireless Freedom Service.

9.11 Gift Cards and Store Credit

The Wireless Freedom Store may provide an input for customers to submit a gift card number and the amount they would like to redeem. Wireless Freedom reserves the right to remove these inputs and any support for Gift Cards via the Wireless Freedom service. If you sell gift cards or issue store credit, You are responsible for the development, production and distribution of all documents, terms and procedures necessary to administer Gift Cards or Store Credit to your Customer. You will ensure the documentation, terms, and administration of these services comply with Applicable Laws. You will be responsible for receiving, investigating and responding to any Customer dispute or error allegation concerning any Gift Card or Store Credit.

You will be responsible for supervising and managing all daily funds flow associated with Gift Cards and Store Credit, including ensuring all balances associated with the Gift Cards and Store Credit are accurate and fully funded by deposits placed by Customers with you in connection with a Gift Card or Store Credit, as applicable. You represent and warrant that the balance associated with Gift Cards or Store Credit, as applicable, will be at all times appropriately funded by deposits placed by the Customers with you in connection with such Gift Cards or Store Credit in an amount that is no less than 100% of the total amount of currency represented as active and available to Customers of the current day’s Gift Card or Store Credit balance. You will be responsible for overseeing and managing such funding. You are responsible and liable for any failure of the Gift Cards or Store Credit to be fully funded.

A. Indemnification In addition to your indemnification obligations herein, you will defend, indemnify and hold Wireless Freedom and its respective officers, directors, employees, agents and suppliers harmless from and against all claims, actions, proceedings, damages, losses, judgments, settlements, penalties, fines, costs and expenses (including attorneys’ fees) arising from any third-party claim in connection with (a) your breach of any obligations under the Agreement; (b) your negligence or willful misconduct in connection with your performance of your obligations under the Agreement; (c) your violation of Applicable Laws; (d) the Gift Card or Store Credit, including any unfunded Gift Card or Store Credit balance or fraudulent activity, unauthorized use or losses related to or associated with a Gift Card, Store Credit or a Customer; or (f) or any obligations you owe to any third party or Customer.

B. Limitation of Liability In addition to our limitations of liability under the Terms of Use, Wireless Freedom’s financial liability for the Gift Card & Store Credit Services shall not exceed six months of fees paid by you to Wireless Freedom. Wireless Freedom does not provide or issue Gift Cards or Store Credit and is not responsible for any losses or liability associated with the Gift Cards, Store Credit or any operations related to or required to support the Gift Cards or Store Credit.

C. Wireless Freedom Rights We reserve the right to modify or terminate the Gift Card feature for any reason, without notice at any time. We reserve the right to limit redemptions and/or redemption amounts.

D. Wireless Freedom Rights We reserve the right to modify or terminate the Gift Card feature for any reason, without notice at any time.

E. Branding Each Store Credit or Gift Card must be branded with your logo and include your name on the front. It must not include Wireless Freedom logos or branding.

10. Feedback and Reviews

Wireless Freedom welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to Wireless Freedom be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Wireless Freedom (whether submitted directly to Wireless Freedom or posted on any Wireless Freedom hosted forum or page), you waive any and all rights in the Feedback and that Wireless Freedom is free to implement and use the Feedback if desired, as provided by you or as modified by Wireless Freedom, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Wireless Freedom must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Wireless Freedom reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

11. Intellectual Property Infringement

Wireless Freedom respects the valid intellectual property rights of others and we expect Merchants to do the same. Posting content that constitutes an infringement of others' legal rights violates our Acceptable Use Policy and the content can be removed and/or your Store may be terminated at our discretion. If you believe content on our platform infringes your intellectual property rights, you can report it here.

While Wireless Freedom respects legitimate IP rights, it will also not let its policies be abused - the submission of false or bad faith notices of claimed IP infringement is punishable by law. Those harmed by such claims, including Wireless Freedom itself, may sue for damages and attorneys' fees.

By submitting content on the Wireless Freedom Platform, you signify that you own the rights or have the rights to sublicense this content, and agree to give Wireless Freedom a non-exclusive, royalty-free license to reproduce, distribute, adapt, and publicly display the content.

12. Privacy and Data Protection

  1. Wireless Freedom's collection, use, disclosure and processing of Your Customer Personal Data (as defined in the Privacy Policy) is subject to these Terms and our Consumer Privacy Policy.

  2. Wireless Freedom's collection, use, disclosure and processing of your personal information is governed by our Merchant Privacy Policy.

  3. Wireless Freedom uses third party Payment Processor(s) to tokenize Cardholder Data. You agree not to impair the security of Account Data, including, without limitation, by: a. modifying, bypassing or circumventing the technical limitations of the Services; b. using third-party proxies or other interventions that impair the security of Account Data; or c. using the Services otherwise in violation of these Terms of Service. To the extent that you impair the security of Account Data, Wireless Freedom cannot ensure PCI DSS compliance and is not responsible for the security of Account Data.

  4. Wireless Freedom provides tools to assist with each Merchant's needs for PCI Compliance. However, the Merchant is ultimately responsible to configure these tools and ensure their own compliance with PCI DSS.

13. Wireless Freedom Contracting Party

  1. "Wireless Freedom Contracting Party" means Wireless Freedom Inc., a Canadian corporation, with offices located at 2475 Skymark Ave, Mississauga, Ontario, L4W 4Y6.

  2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

  • If the billing address of your Store is located in any jurisdiction other than Canada, you agree not to use our services and/or immediately discontinue use of our services.

    • 14. Term and Termination

    1. The term of these Terms of Service will begin on the date that We accept your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the "Term").

    2. You may cancel your Account and terminate the Terms of Service at any time by contacting Wireless Freedom Support and then following the specific instructions indicated to you in Wireless Freedom's response.

    3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.

    4. Upon termination of the Services by either party for any reason:

      1. Wireless Freedom will cease providing you with the Services and you will no longer be able to access your Account;

      2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

      3. any outstanding balance owed to Wireless Freedom for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

      4. your Wireless Freedom Store will be taken offline.

    5. If you purchased a domain name through Wireless Freedom, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

    6. If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

    15. Modifications

    1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Wireless Freedom administrative console, or by similar means. However, Wireless Freedom may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.

    2. Wireless Freedom may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Wireless Freedom administrative console, or by similar means. Wireless Freedom will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

    16. General Conditions

    1. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Wireless Freedom and govern your use of the Services and your Account, superseding any prior agreements between you and Wireless Freedom (including, but not limited to, any prior versions of the Terms of Service).

    2. The failure of Wireless Freedom to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.

    3. Save for Wireless Freedom and its affiliates, you or anyone accessing Wireless Freedom Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.

    4. The Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.

    5. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Wireless Freedom's Terms of Service available in another language, the most current English version of the Terms of Service at https://www.wirelessfreedom.ca/legal/terms will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Wireless Freedom (acting in its sole discretion) or as required by applicable law.

    6. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Wireless Freedom will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Wireless Freedom's prior written consent, to be given or withheld in Wireless Freedom's sole discretion.

    7. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

    8. On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees and Taxes), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Your Materials), 9.8 (Third Party Services and Third Party Providers), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Wireless Freedom Contracting Party), 14 (Term and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.

    Wireless Freedom, Inc. 2475 Skymark Ave, Mississauga, Ontario, L4W 4Y6 Canada