By accessing or using the Aeolian CMS platform ("Platform"), including the application hosted at admin.aeoliancms.com and any associated services, APIs, and tools, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and Aeolian CMS ("Aeolian," "we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Platform constitutes acceptance of any changes.

Aeolian CMS is a multi-tenant software-as-a-service (SaaS) e-commerce and content management platform. The Platform enables registered users ("Merchants" or "Store Operators") to:

• Create and operate one or more online stores
• Manage product catalogs, collections, pricing, inventory, and variants
• Create and manage content pages, navigation menus, and site customization
• Process customer orders and payments
• Configure shipping zones, rates, and tax rules
• Manage team members with role-based access controls
• Access programmatic APIs for third-party integrations
• Upload and manage media files
• Send transactional emails to customers and team members
• Import and export store data
• Configure multi-currency pricing and exchange rates

The Platform also serves end users ("Customers") who interact with Merchant storefronts to browse products, place orders, and make purchases.

To use the Platform as a Merchant, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Create an account through our third-party authentication provider
• Provide accurate and complete information during registration
• Maintain the security and confidentiality of your account credentials

You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized access or use of your account.

Account access tiers may limit the number of stores you can create or the features available to you. We reserve the right to modify tier limits at any time.

Each store you create on the Platform operates as an isolated tenant. Data, configurations, products, customers, orders, and team members are segregated between stores. You may create multiple stores subject to your account tier limits.

You are solely responsible for the content, products, pricing, and operations of each store you create. Aeolian CMS does not endorse, verify, or guarantee the legitimacy of any store or its offerings.

You agree not to use the Platform to:

• Violate any applicable laws, regulations, or third-party rights
• Sell prohibited, illegal, or regulated goods without proper authorization
• Engage in fraud, deception, or misrepresentation
• Distribute malware, spam, or other harmful content
• Interfere with the Platform's infrastructure, security, or performance
• Attempt to gain unauthorized access to other users' accounts or data
• Circumvent rate limits, access controls, or security measures
• Use the Platform for money laundering, terrorist financing, or other financial crimes
• Scrape, harvest, or collect data from other users or stores without authorization
• Resell or sublicense access to the Platform without written consent

We reserve the right to suspend or terminate your account for violations of this policy, with or without prior notice.

6.1 Merchant Payment Processing

The Platform integrates with third-party payment processors to enable Merchants to accept payments from Customers. Payment processing is subject to the terms and conditions of the respective payment processor. Aeolian CMS does not directly process, store, or have access to full payment card details.

Merchants are responsible for:

• Configuring their payment provider accounts and credentials
• Ensuring compliance with Payment Card Industry Data Security Standards (PCI DSS)
• Managing refunds, chargebacks, and disputes with their payment processor
• Accurate pricing, currency configuration, and tax collection

6.2 Payment Credentials

Payment provider credentials stored on the Platform are encrypted using industry-standard authenticated encryption. However, Merchants remain responsible for the security of their payment provider accounts and API keys.

6.3 Platform Fees

Aeolian CMS may charge subscription fees, transaction fees, or other charges for use of the Platform. Current pricing is available on our website. We reserve the right to modify pricing with reasonable notice.

6.4 Taxes

Merchants are solely responsible for determining, collecting, and remitting applicable taxes on sales made through their stores, including Goods and Services Tax (GST) where applicable. The Platform provides tools to configure tax rates and rules, but does not provide tax advice or guarantee compliance with tax obligations.

Merchants may invite team members to collaborate on their stores. When inviting team members, you acknowledge that:

• You are responsible for the actions taken by team members you invite
• Team member permissions should follow the principle of least privilege
• Invitations expire after a set period and can be revoked at any time
• Removing a team member does not automatically revoke their authentication account

Custom roles with granular permissions may be created to control access to specific features, data, and operations within each store.

The Platform provides programmatic API access via API keys. By generating and using API keys, you agree that:

• API keys are confidential credentials and must be stored securely
• You are responsible for all actions performed using your API keys
• API access is subject to rate limits and usage policies
• We may revoke API keys that are misused, compromised, or associated with abusive behavior
• API availability and endpoints may change with reasonable notice

9.1 Your Content

You retain ownership of all content you upload, create, or submit to the Platform, including product listings, images, videos, page content, and store configurations ("Your Content"). By uploading content, you grant Aeolian CMS a non-exclusive, worldwide license to host, store, transmit, and display Your Content solely for the purpose of operating the Platform and providing services to you.

9.2 Content Restrictions

You must not upload content that:

• Infringes any third-party intellectual property rights
• Contains illegal, defamatory, obscene, or harmful material
• Contains malware, viruses, or malicious code
• Exceeds applicable file size or format restrictions

9.3 Aeolian CMS Intellectual Property

The Platform, including its software, design, features, documentation, and branding, is the intellectual property of Aeolian CMS and is protected by applicable copyright, trademark, and other laws. Nothing in these Terms grants you rights to Aeolian CMS's intellectual property beyond the limited license to use the Platform.

The Platform allows you to upload images, videos, audio files, and other media. Upload limits apply, including per-file size limits and batch upload restrictions. Supported file formats are subject to change.

Uploaded media is stored on third-party cloud infrastructure. While we implement reasonable security measures, we are not liable for data loss or unauthorized access resulting from security breaches at third-party providers.

The Platform enables Merchants to send transactional emails to Customers and team members, including order confirmations, invitation emails, and contact form responses. By using these features, you agree to:

• Comply with all applicable anti-spam and email marketing laws, including the Australian Spam Act 2003 (Cth), CAN-SPAM, and GDPR
• Only send emails to recipients who have a legitimate business relationship with your store
• Include accurate sender information and honor unsubscribe requests
• Not use the email system for unsolicited bulk messaging

Merchants are solely responsible for fulfilling orders, shipping products, and handling returns. The Platform provides tools to configure shipping zones, rates, and delivery estimates, but does not guarantee delivery or act as a shipping carrier.

All shipping policies, return policies, processing times, and refund terms displayed on Merchant storefronts are the sole responsibility of the Merchant. Merchants must comply with the Australian Consumer Law and any other applicable consumer protection legislation.

Merchants collect and process Customer data through their stores, including names, email addresses, phone numbers, shipping addresses, and order information. As a Merchant, you are a data controller for Customer data collected through your store and are responsible for:

• Complying with all applicable data protection laws, including the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), as well as GDPR and CCPA where applicable
• Publishing an appropriate privacy policy on your storefront
• Obtaining necessary consents for data collection and processing
• Responding to data subject requests (access, correction, deletion)
• Safeguarding Customer data and notifying the Office of the Australian Information Commissioner (OAIC) in the event of an eligible data breach

Aeolian CMS acts as a data processor for Customer data stored on the Platform and will process such data in accordance with our Privacy Policy and applicable data processing agreements.

The Platform provides tools to import and export store data, including products, content, and configurations. Data exports are provided in standard formats. We make reasonable efforts to ensure data portability but do not guarantee compatibility with third-party platforms.

Import operations are subject to rate limits and may take time to complete. We are not responsible for data corruption or loss resulting from improperly formatted import files.

Merchants may configure custom domains for their storefronts. Custom domain configuration requires proper DNS setup, which is the Merchant's responsibility. Aeolian CMS is not responsible for domain registration, DNS issues, or SSL certificate errors related to custom domains.

We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. The Platform may be unavailable due to scheduled maintenance, infrastructure issues, or events beyond our reasonable control. We are not liable for any losses resulting from Platform downtime.

17.1 By You

You may deactivate your stores or close your account at any time. Deactivating a store does not immediately delete your data; it is retained for a reasonable period to allow for reactivation.

17.2 By Us

We may suspend or terminate your account or any store at any time if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion. We will make reasonable efforts to provide notice before termination, except where immediate action is required to protect the Platform or its users.

17.3 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. We may retain certain data as required by law or for legitimate business purposes. You should export your data prior to account closure.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW (SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)), AEOLIAN CMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT, OR REMEDY CONFERRED ON YOU BY THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED BY AGREEMENT.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO AEOLIAN CMS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY MERCHANTS THROUGH THE PLATFORM.

WHERE THE AUSTRALIAN CONSUMER LAW APPLIES, OUR LIABILITY FOR BREACH OF A CONSUMER GUARANTEE IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OF THE SERVICES OR THE PAYMENT OF THE COST OF HAVING THE SERVICES RESUPPLIED.

You agree to indemnify, defend, and hold harmless Aeolian CMS and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform or violation of these Terms
• Your Content or products sold through your stores
• Your violation of any applicable laws or third-party rights
• Disputes between you and your Customers
• Your team members' actions on the Platform

We encourage you to contact us first to resolve any disputes. If a dispute cannot be resolved informally, it shall be resolved in accordance with the laws of the State of New South Wales, Australia.

For disputes involving consumers under the Australian Consumer Law, nothing in these Terms limits your right to bring proceedings in any court or tribunal of competent jurisdiction, including through state or territory consumer protection agencies or the Australian Competition and Consumer Commission (ACCC).

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

These Terms, together with our Privacy Policy and any additional agreements you enter into with Aeolian CMS, constitute the entire agreement between you and Aeolian CMS regarding the Platform and supersede all prior agreements and understandings.

If you have questions about these Terms of Service, please contact us at:

support@aeoliancms.com