By signing up for a Chondrion account and/or by using any Chondrion Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

The solutions offered by Chondrion under the Terms of Service include various products and services to help you sell goods and services to buyers, fulfill those orders, and manage related operations. Any such services offered by Chondrion are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time by visiting the appropriate page on the Chondrion website or Back Office. Chondrion reserves the right to update and change the Terms of Service by posting updates and changes to that linked page. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services.

Signing up for a Chondrion account or using any Chondrion service constitutes agreement and acceptance of all of the terms and conditions contained or expressly referenced in these Terms of Service

Account Terms

To access and use the Services, you must authorize creation of a Chondrion account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Chondrion may reject your request for an Account, or cancel an existing Account, for any reason, in our sole discretion.
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.
You confirm that you are receiving any Services provided by Chondrion for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Chondrion 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.
You are responsible for keeping your users and passwords secure. Chondrion cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Chondrion, may result in an immediate termination of your Services.

General Conditions

Technical support in respect of the Services is only provided to Chondrion Users.
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York, excluding its conflicts of laws principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts of the Northern District of New York and the parties hereby consent to the personal jurisdiction and venue therein.
You acknowledge and agree that Chondrion may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service to the specified web page, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services 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, do not continue to use the Service.
You may not use the Chondrion Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States and the state of New York. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You are solely responsible for the activity that occurs using your users’ or API Credentials and for keeping your Credentials secure.
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 Chondrion.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Chondrion or Chondrion trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to Chondrion Support.
You understand that your Materials (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
All the terms and provisions of the Terms of Service shall 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. Chondrion shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall 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 Chondrion’s prior written consent, to be given or withheld in Chondrion’s sole discretion.
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.
Sections that by their nature survive expiration or termination shall survive any expiration or termination of this Agreement.

Chondrion Rights

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered for sale, or the Materials uploaded or posted to your account, violate our acceptable use policy or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Chondrion customer, Chondrion employee, member, or officer may result in immediate Account termination.
Chondrion does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Chondrion employees and contractors may also be Chondrion customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
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, your status as an employee of an entity, etc.
Chondrion retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Owner. If we are unable to reasonably determine the rightful Owner, without prejudice to our other rights and remedies, Chondrion reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Confidentiality

“Confidential Information” shall include, but shall 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. Chondrion’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.
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. Each party agrees that it shall 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 shall 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 shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall 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.

Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Chondrion shall 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 resulting from the use of or inability to use the Service or relating to any Developed Code.
To the extent permitted by applicable laws, in no event shall Chondrion or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our system, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Chondrion 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 your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
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.
Chondrion does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Chondrion does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Chondrion 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.

Waiver and Complete Agreement

The failure of Chondrion to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including any documents it incorporates by reference, constitute the entire agreement between you and Chondrion and govern your use of the Services and your Account, superseding any prior agreements between you and Chondrion (including, but not limited to, any prior versions of the Terms of Service).

Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the Chondrion Service. All Materials you upload remain yours. Your Chondrion account and instance can be deleted at any time upon your request.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly; (b) to allow Chondrion to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Chondrion can, at any time, review and delete all the Materials submitted to its Service, although Chondrion is not obligated to do so.
You retain ownership over all Materials that you upload to the Chondrion system; however, by making such Materials public, you agree to allow others to view Materials that you post publicly. You are responsible for compliance of the Materials with any applicable laws or regulations.
Chondrion shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your business to promote the Service.

Payment of Fees

You will pay the Fees applicable to your Chondrion subscription, Professional Services, and any other applicable fees, including but not limited to applicable fees relating to Third Party Services (“Additional Fees”). Together, the Subscription Fees, Professional Services, and the Additional Fees are referred to as the “Fees”.
Your subscription begins as soon as you sign up for an account and you are notified that your Chondrion instance is accessible, regardless of whether or not you actively log in and use the system.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Additional Fees will be charged from time to time at Chondrion’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 Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If payment is not received by the due date, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees. You may not be able to access your Account or the Services during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Chondrion reserves the right to permanently terminate and delete your Account and associated data.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Chondrion’s products and services. To the extent that Chondrion 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. 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 Chondrion of your exemption. If you are not charged Taxes by Chondrion, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Chondrion under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Chondrion to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Chondrion shall be entitled to charge the full amount of Fees stipulated under these Terms of Service, ignoring any such deduction or withholding that may be required.
You must maintain an accurate location on file with Chondrion. If you change jurisdictions you must notify us.
Chondrion does not provide refunds for Fees or Taxes.

Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting Chondrion Support and then following the specific instructions indicated to you in Chondrion’s response.
Upon termination of the Services by either party for any reason:
1. Chondrion 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 or Taxes, pro rata or otherwise;
3. any outstanding balance owed to Chondrion for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your Store website will be taken offline.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Chondrion Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, Chondrion may suspend or terminate your Account 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.
If, while this agreement is in effect, Chondrion substantially and permanently discontinues its business operations and the Services are no longer accessible, you will be provided with a non-exclusive code license to the Chondrion system along with a copy of your data. In this case, the relevant terms of the Professional Services section shall apply as if the Chondrion software was Developed Code. This subsection does not apply if Chondrion transfers some or all of its core technology to another entity who will provide substantially similar Services using the Chondrion platform or a reasonable successor.

Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from Chondrion. Such notice may be provided at any time by posting the changes to the specified Terms of Service page.
Chondrion reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
Chondrion shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Third Party Services

Chondrion may from time to time recommend, 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. 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.
Any use by you of Third Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Chondrion may receive a revenue share from Third Party Providers that Chondrion recommends to you or that you otherwise engage through your use of the Services or Chondrion’s website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Chondrion has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Chondrion’s websites 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 Chondrion. Chondrion does not guarantee the availability of Third Party Services and you acknowledge that Chondrion may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Chondrion is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Chondrion strongly recommends that you seek specialist advice before using or relying on Third Party Services, 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 the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to 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, and 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. Chondrion 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.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Chondrion is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall Chondrion 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 shall apply even if Chondrion has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Chondrion 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.

Feedback and Reviews

Chondrion welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall 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 Chondrion be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Chondrion (whether submitted directly to Chondrion or posted on any Chondrion hosted forum or page), you waive any and all rights in the Feedback and that Chondrion is free to implement and use the Feedback if desired, as provided by you or as modified by Chondrion, 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 Chondrion 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. Chondrion 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.

DMCA Notice and Takedown Procedure

Chondrion supports the protection of intellectual property and asks Chondrion merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

Rights of Third Parties

Save for Chondrion and its affiliates, Chondrion Users or anyone accessing Chondrion 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 shall 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 shall not affect the rights of any permitted assignee or transferee of these Terms.

Customizations & Professional Services

“Client Technology” shall mean information, software, data files, materials, technology, trade secrets, and other intellectual property owned or controlled by you, excluding Chondrion's intellectual property.
“Configurations” shall mean“ library files, data files, system settings, scripted files or other materials, which may include sample workflows and templates, which shall be jointly owned by Client and Chondrion. Configurations do not include Developed Code, Client Technology or Chondrion's Intellectual Property.
“Developed Code” shall mean customized software, templates, interfaces, or other materials produced by Chondrion under a separate professional services Specification as an addendum to this agreement wherein Client has provided the verbal or written engineering design specifications or engineering plans, which Chondrion develops for the benefit of Client. Upon completion and delivery by Chondrion, Developed Code shall be deemed Chondrion's property. A perpetual code license will be granted to the client. Developed code shall be supported by Client, unless stated otherwise in a separate support agreement. Developed Code, if any, shall be set forth in the specification(s) or in subsequent addendums to this agreement.
“Specification” shall mean the applicable written or verbal Statement of Work, which describes the services to be performed, time of performance, configurations, Developed Code, and any other special terms and conditions. In the event of a conflict between the Statement of Work and this Agreement that is not specifically stated as a modification or amendment to this Agreement, the terms of this Agreement shall prevail.
Chondrion grants to you a non-transferable, non-sub licensable, perpetual and non-exclusive License to use Developed Code solely for your own operations and only for purposes of your business.
You agree to take reasonable steps to ensure that all persons, including but not limited to your representatives, officers, employees, agents and users, having access through it, to the Developed Code, will observe the Licensee's obligations relating to the Developed Code.
The Professional Services may depend on the completion of certain tasks or schedules within your exclusive control or a third party’s and, therefore, Chondrion’s inability to perform, which is based on Client’s or any third party’s failure to complete such tasks or meet time schedules, shall not be deemed a breach of this Agreement by Chondrion.
You shall not: rent, lease, sub-license, give, lend, convey, or otherwise dispose of the Developed Code to any other person or entity; allow the Developed Code out of the Licensee's possession; allow any third party to copy or use the Developed Code in whole or in part, for any purpose whatsoever, including the transfer of the same to any other person, corporation, government, educational institution, social service agency, or any other party whatsoever, without prior written permission of Chondrion; cause or permit the reverse engineering, dissemination, decompilation, modification or translation of the Developed Code; combine, incorporate, utilize or distribute copies of the Developed Code or any part thereof with or in connection with any other product or system, without the express written consent of Chondrion which may be withheld in the sole discretion of Chondrion.
“Server Hardware” shall mean the computer hardware and associated equipment and operating system upon which the developed software is intended to be hosted and operated. “Client Hardware” shall mean any desktop PC and Network upon which client will access the application. The installation, functional specifications of Server Hardware, system requirements, hosting and related costs are the sole obligation of the Client unless Chondrion agrees to accept such responsibilities for the Developed Code. Any local networking, Client Hardware, electric, back-up, or other local requirements are your responsibility.
You acknowledge that Chondrion owns all Intellectual Property Rights in and to the Developed Code and Documentation. Chondrion retains all such rights under this Agreement. "Intellectual Property Rights" shall mean patent rights, copyrights, database rights, trademarks, service marks, and any and all other statutory and legal rights and protections available under applicable laws for the protection of intellectual property.
Subject to future agreement of the parties, Chondrion may grant future licenses for use other than solely on the Licensee’s own equipment or other than for purposes of Licensee’s own business. Any such License shall be set forth as an additional License, and shall be subject to all of the terms and conditions of this Agreement except to the extent such License expressly indicates otherwise.
Maintenance for the Developed Code will be provided at additional cost, on a “time & materials” basis. Chondrion is not responsible for maintaining the code and the terms of any maintenance are subject to change at Chondrion's discretion. Maintenance Services will be provided solely for the Developed Code and, except as stated herein, will not be provided for any other programs or problems related to Licensee’s Hardware or network operating systems.
Professional services work will be billed against a retainer paid to Chondrion prior to commencement of a statement of work. Client will be invoiced when their account credit is nearly depleted. The account will have to be replenished before work can continue. An unused balance can be refunded to the Client upon termination of this agreement. The fees due Chondrion for the Professional Services are exclusive of taxes. Any expenses, including reasonable travel expenses, incurred by Chondrion and necessary to perform the Professional Services will be reimbursed by Client. Client shall pay sales, excise and similar taxes arising in connection with the all Services, except for any tax due on income received by Chondrion, upon receipt by Client of an invoice from Chondrion setting forth a description and amount of such taxes.

Privacy Policy

Copyright Policy

Terms of Service