Terms of service

Welcome to 86d (the “Service”), owned and operated by 86d (“86d”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your use of the Service and cover what you may do with it, what you owe us, what we don’t promise, and how disputes get resolved. By using the Service you agree to be bound by them. We reserve the right to amend these Terms at any time. If we do, we’ll post the amended version on this page and show the date of the last revision. If you keep using the Service after a change, you accept the new Terms. If you don’t agree to the current or any future Terms, don’t access the Service.

The Service is the optional 86d.app managed product, including 86d Console, 86d Cloud, and any managed services we make available. The standalone 86d Store Runtime is separate and remains governed by the MIT License supplied with its source code.

We intend to keep the Service customizable, but we reserve the right to change, suspend, improve, or discontinue any individual aspect, feature, or capability, temporarily or permanently, at any time.

Subject to these Terms, we grant you a non-exclusive, limited right to access and use the Service. We reserve the right to terminate that right at any time, for any reason or for no reason, though we’ll give you notice if we do.

We and our licensors own the managed Service, its branding, and its proprietary materials. Public 86d source code is MIT-licensed. Third-party software remains subject to its own licenses. These Terms do not replace those licenses.

You may access the Service through a personal computer, tablet, smartphone, or other electronic device. These Terms apply however you access it.

We endeavor to keep the information available through the Service accurate, complete, and current. We aren’t responsible if it turns out to be inaccurate, incomplete, or out of date.

We publish the current Cloud management prices and fee bases and disclose the applicable terms before a charge or automatic top-up is authorized. Infrastructure, managed usage, processor fees, and 86d fees are separate amounts. Changes apply prospectively from their disclosed effective time.

Third-party payment providers process payment credentials and may charge their own fees. The provider shown before authorization is the provider for that transaction. We do not ask you to send complete payment-card credentials through email, chat, or the contact form.

A Store Runtime may let shoppers browse products and interact with your Store. You are the seller and remain responsible for your products, content, pricing, tax registrations, fulfillment, return policy, and customer obligations. Make your operative policies available to shoppers before purchase.

Only authorized customers can reach customer-specific features.

If you connect a Third-party Payment provider, you contract with and pay that provider directly. 86d charges no checkout fee for that path. 86d Payments is a separate future managed service and is not available for live use until its provider, operational, and evidence gates pass. Any processor fees remain separate from an 86d fee.

You are responsible for determining where you must register, collect, file, and remit tax. Store tax tools may calculate from rules and data you approve, but they do not make those legal determinations for you. Consult a qualified tax professional about your obligations.

So we can serve you properly, you agree to give us current, complete, and accurate account information, including your business phone number and business email address. Update it with us promptly when it changes.

You are responsible for safeguarding your account credentials and for any activity under your account.

You may cancel future managed service and automatic top-up through the available account controls. Cancellation does not erase finalized charges or obligations already incurred.

Billing state is Store-specific. After a failed paid renewal we notify the Business immediately, keep the pending management charge through a 15-day grace period with notices at 15 and 10 days remaining and daily during the final five days, recheck funding immediately before suspension, and suspend at day 15 if unresolved. A suspended managed Store remains available for export for 30 more days. We recheck funding again immediately before destruction and destroy at day 45 if still unresolved. Suspension disables commerce on the existing domain and does not reassign it.

Destruction removes the managed deployment and recoverable Store data after the final state and funding checks. Records needed for billing, disputes, compliance, or security may remain for their required retention period.

After Business closure and final settlement, unused Purchased Funds are returned to the original funding method. Promotional Credits are nonrefundable and expire under their published terms. Shopper refunds and payment-fee adjustments follow the Store’s policy, the applicable provider terms, and any separate 86d Payments terms shown before use.

The Service may give you access to third-party tools (“Third-Party Tools”) that we neither monitor nor control. We provide access on an “as is” and “as available” basis, without warranty and without endorsement. We have no liability arising from or relating to your use of the Third-Party Tools.

The Service may also link to third-party websites offering content, products, and services (“Third-Party Websites”) that aren’t affiliated with us. We aren’t responsible for examining or evaluating their content or accuracy. Review their terms and conditions carefully before you use them. We have no responsibility or liability for your use of Third-Party Websites.

Read the applicable terms and conditions of any Third-Party Tool or Third-Party Website and make sure you understand them before you transact. Direct complaints, claims, concerns, or questions about them to the relevant third party.

The Service lets you contact your customers by email, SMS, or push notification. Use it only to give customers relevant information about their orders, service updates, and business communications, not for general marketing, advertising, or promotion without proper consent. You, not us, are responsible for making sure every customer communication complies with applicable law, including without limitation the federal Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and other relevant regulations.

We welcome your feedback on the Service, positive or negative. If you send us ideas, suggestions, proposals, or plans through any medium (collectively, “Comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use them for any purpose, at any time, without restriction.

Our Privacy Policy governs the personal information you submit to us and is incorporated here by reference. A payment provider also applies its own privacy notice when it processes payment or onboarding information. Review that notice before authorizing the provider flow.

In addition to the other prohibitions in these Terms, you are prohibited from using the Service:

• (a) for any unlawful purpose, or to solicit others to perform or participate in any unlawful act;
• (b) to violate any international, federal, provincial, or state regulation, rule, or law, or any local ordinance;
• (c) to infringe upon or violate our intellectual property rights or those of a third party;
• (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (e) to submit false or misleading information;
• (f) to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Service;
• (g) to collect or track the personal information of others unlawfully;
• (h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (i) for any obscene or immoral purpose;
• (j) to interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service or any related website if you engage in any prohibited use.

We don’t guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. You expressly agree that you use the Service, or find yourself unable to use it, at your sole risk. The Service and all products and services delivered to you through it are provided “as is” and “as available”, without representations or warranties of any kind, express or implied. We disclaim all implied warranties and conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

To the extent permitted by law, in no event shall 86d, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or of any product procured using the Service, or from any other claim related in any way to your use of the Service or any product. This includes but isn’t limited to any error or omission in any content, and any loss or damage of any kind incurred as a result of using the Service or any content or product posted, transmitted, or otherwise made available through it, even if advised of the possibility. Our maximum liability for your use of the Service equals the fees you paid us during the one (1) year before the claim arose.

You shall indemnify, defend, and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including reasonable attorneys’ fees and costs, that we incur in connection with a third-party claim (including any intellectual property claim) arising out of your use of the Service or your violation of applicable law. You further agree to cooperate fully in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such claim or matter without our written consent.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that determination doesn’t affect the validity and enforceability of the remaining provisions.

The obligations and liabilities of the parties that are intended to survive past your use of the Service shall do so.

If either you or we fail to enforce any right or provision of these Terms, that failure doesn’t waive the right or provision.

These Terms are the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written, including but not limited to any prior version of the Terms.

The laws of the State of Texas govern these Terms, without reference to otherwise applicable principles of conflicts of law. Binding arbitration resolves any dispute related to these Terms or to your use of the Service, and you and we submit to that jurisdiction and venue. Any court having jurisdiction over such matters may enforce the resulting judgments.

Send questions about these Terms to:

Email
[email protected]

Phone
(718) 814-8886

Mail
86d
4810 Brisa Wy
Austin, TX 78738