Terms of service

These terms govern your use of WhizzyCommerce, operated by Whizzy Digital Solutions Lda, Portugal ("we", "us"). By creating a shop you agree to them.

WhizzyCommerce is in beta. Section 13 explains what that means in practice, and it is the section most likely to matter to you.

1. What we provide

WhizzyCommerce is hosted e-commerce software. You use it to build and run an online shop: a catalogue, orders, fulfilment, pricing, invoices, and a storefront on a domain you choose.

Part of the service is an assistant that acts on your shop when you ask it to. Section 7 covers it specifically.

2. Your account and your shops

You need an account to create a shop. Each shop carries its own plan and its own billing. You may create more than one.

Keep your login credentials secure. You are responsible for what happens under your account, including anything done by staff members you invite or agents you configure.

You must be at least 18 and legally able to enter a contract. If you are using WhizzyCommerce for a business, you confirm you are authorised to bind it.

3. Your data is yours

The catalogue, orders, customers, content, designs and settings in your shop belong to you. We do not claim ownership of any of it.

You can export your data at any time while your shop is active. You can delete your shop, and its data, at any time.

We store and process your data to run the service for you. We do not sell it. We do not use your shop's data to train AI models. Our privacy policy explains what we hold and why.

You grant us only the licence we need to run the service: to store, copy, display and transmit your content for the purpose of operating your shop and providing support you ask for.

4. Payments to you

Every plan can take payments through Whizzy Payments: you connect your own Stripe account to WhizzyCommerce from your dashboard, through Stripe's own onboarding. On the Free plan this is the only way to take payments. On Pro you may also connect your own payment providers, such as Stripe with your own keys, PayPal or Mollie, and offer offline methods.

This matters, so plainly: money from your sales settles into your own account with your provider. It never passes through ours. You are the merchant of record. Your provider charges its own processing fees to you directly. Payouts, refunds, chargebacks and disputes are between you, your provider and your customers.

Your relationship with your payment provider is governed by their terms, not ours. We are not a party to it and cannot resolve problems with it on your behalf.

5. What you pay us

Plan fee. A monthly or yearly subscription per shop, at the rate shown on our pricing page when you subscribe.

Transaction fee. A percentage of your sales, at the rate for your plan. On sales through Whizzy Payments it is deducted from each payment at the moment of the sale, as a Stripe application fee, and handed back in proportion when you refund. On sales through your own providers it accrues as you sell, appears itemised on your invoice, and is waived proportionally when you refund an order, rounded in your favour.

Overage. If you exceed your plan's limits, per-unit charges apply at the rates published on our pricing page.

Prices are in euros and exclude VAT, which is added where applicable. Upgrades take effect immediately and are prorated; downgrades take effect at the end of your billing period.

We may change prices. Existing subscribers get at least 30 days' notice before a change affects them, and you may cancel before it takes effect.

We may invoice accrued transaction fees between renewal dates.

6. Cancelling

You can cancel at any time from your billing settings. Your shop stays live until the end of the period you have paid for, then stops taking orders.

We do not refund partial periods, except where required by law.

Export your data before you cancel. We keep shop data for 30 days after cancellation, then delete it. If you delete your shop yourself, deletion is immediate and cannot be undone.

7. The assistant and agents

You can operate your shop by instructing an assistant, and you can configure named agents with specific permissions, including connecting them to outside clients such as Claude.

You are responsible for what your agents do. An agent acts under permissions you grant it. Changes it makes to your shop are your changes.

How we limit that risk. Consequential changes are previewed before they happen and require your explicit confirmation. Changes that move money or delete data always require confirmation on a page we serve. No default agent template carries permission to move money, you must grant that yourself. Changes are recorded and most can be reverted.

What we cannot promise. The assistant is built on large language models and can make mistakes: misunderstanding what you asked, proposing a change you did not intend, or acting on an ambiguous instruction. The preview and confirmation exist so you can catch this before it takes effect. Read what you are confirming. We are not liable for changes you confirmed.

Connecting outside clients. If you connect an agent to a third-party client, that client's terms and privacy practices govern the conversation on their side. You will need your own account with them. Your instructions and the shop data the agent reads pass through their systems.

AI usage. Each plan includes a monthly allowance for assistant use, sized in the currency of what it costs us. You can add your own Anthropic API key instead, in which case your usage is billed to you by Anthropic directly and our allowance no longer applies. We take no cut of that.

8. Acceptable use

You may not use WhizzyCommerce to sell anything illegal where you or your customers are; to infringe intellectual property; to send unsolicited bulk email; to attack, probe or overload our infrastructure or anyone else's; to attempt access to another shop's data; or to resell the service as your own platform without a written agreement with us.

You may not use the assistant to generate content that is illegal, that impersonates a real person deceptively, or that would breach the terms of the AI providers we or you use.

We may suspend a shop that breaches this section. Where the breach is not serious, we will tell you and give you a chance to fix it first.

9. Shops are independent businesses

Every shop on WhizzyCommerce is run by its own merchant, who is the seller and the merchant of record for every sale made in it. We provide the software the shop runs on. We are not a party to the sale between a shop and its customers, and we do not sell, hold, ship or guarantee its goods.

We are not responsible for a shop that misdescribes its goods, fails to deliver them, or acts fraudulently. A problem with an order should be taken to the shop first, and to the payment provider that took the payment, which can open a dispute or a chargeback.

Anyone, with or without an account, can ask us to open an investigation into a specific shop through our shop report form. We read every report. Where a shop breaches these terms we may warn, suspend or remove it under section 8. Opening an investigation does not make us a party to the dispute, and we share its outcome only as far as the law requires.

10. Availability

We work to keep the service running and available, but do not guarantee uninterrupted operation. We offer no formal uptime commitment during beta.

Storefronts are prioritised over the dashboard. Where we can, we will not interrupt a live checkout.

We maintain backups but they are our operational safeguard, not a substitute for your own exports.

11. Our intellectual property

The WhizzyCommerce software, platform, brand and documentation are ours. These terms give you a licence to use the service, not any ownership of it.

Themes and designs you create in your shop are yours. Themes we provide are licensed to you for use on your shops while your subscription is active.

Buying a theme. A paid theme is bought once, and the purchase is final: once it is on your shop its code cannot be taken back, so we do not refund it, except where the law requires. Try it free on your own shop with your own products before you buy. If you close a shop and open another, your licence moves with you; ask support if it does not.

Feedback you send us we may use freely, without obligation to you.

12. Liability

Nothing here excludes liability we cannot exclude by law, including for death or personal injury caused by negligence, or for fraud. If you are a consumer, your statutory rights are unaffected.

Subject to that: the service is provided as it is, without warranties beyond those the law implies.

We are not liable for lost profits, lost sales, lost data, business interruption, or indirect or consequential loss.

Our total liability to you in any 12-month period is limited to the fees you paid us in that period.

We are not liable for the conduct of any shop toward its customers, or for problems caused by your payment provider, your domain registrar, third-party clients you connect, or changes an agent made that you confirmed.

13. Beta

WhizzyCommerce is in beta, and we would rather say what that means than bury it.

• Features may change, break, or be removed.
• We publish what is built and what is not. Do not rely on anything we have not said is built.
• There is no uptime commitment and no formal support SLA. We answer, and we answer quickly, but nothing here promises a response time.
• Beta pricing is locked for merchants who join during beta, for as long as they stay subscribed on that plan.
• Keep your own exports. This is good practice always and particularly now.

If you are running a business where downtime is costly, understand this before you migrate to us.

14. Changes to these terms

We may update these terms. For material changes we will give at least 30 days' notice by email and on this page, and you may cancel before they take effect. Continuing to use the service after that means you accept them.

15. Law and disputes

These terms are governed by Portuguese law. Courts in Portugal have exclusive jurisdiction, except that if you are a consumer you may also bring proceedings in the courts of your own country of residence, and consumer protections available to you there still apply.

If you are an EU consumer, you can also use the European Commission's online dispute resolution platform.

16. General

If a provision is found unenforceable, the rest stands.

We may assign these terms in connection with a merger, acquisition or sale of assets. You may not assign yours without our written consent.

These terms, with our privacy policy, are the whole agreement between us about the service.

Not exercising a right does not waive it.

Contact

info@whizzycommerce.com

Whizzy Digital Solutions Lda, Portugal