Introduction

Welcome to Pharaoh. By accessing or using our application, you agree to comply with and be bound by these Corporate Terms of Service. These terms govern the relationship between Pharaoh and the merchants who use our services to manage and sell open-box inventory through their Shopify stores.

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1. Acceptance of Terms

By signing up for or using the Pharaoh platform, you agree to be legally bound by these terms. If you do not agree to these terms, you may not access or use our services. We reserve the right to update or modify these terms at any time, and your continued use of the service after any changes constitutes acceptance of those changes.

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2. Services Provided

Pharaoh offers merchants tools and services to manage and sell open-box items, returns, and other inventory- related challenges through Shopify. Pharaoh provides technical integration to facilitate these services but does not participate in the direct sale, fulfillment, or delivery of products sold by merchants.

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3. Merchant Responsibilities

Merchants using the Pharaoh platform are responsible for the following:

Compliance with Laws: Ensuring all products sold comply with local, state, and federal regulations,
including any applicable e-commerce laws.
Product Accuracy: Providing accurate product descriptions, prices, and conditions for all items listed
through the Pharaoh platform.
Customer Service: Handling all customer interactions related to product inquiries, returns, and refunds.
Data Security: Protecting customer data collected during the sales process and complying with applicable
data protection laws (e.g., CCPA or GDPR, if applicable).

4. Use of the Platform

Merchants agree to use the Pharaoh platform in a manner that complies with all applicable laws and does not infringe the rights of others. Unauthorized uses include, but are not limited to:

Engaging in fraudulent activities.
Violating any intellectual property rights.
Circumventing any technological measures Pharaoh has implemented to control access to the platform.
Spamming, scraping, or using bots or automated systems to interact with the platform in violation of
these terms.

5. Payment and Fees

Merchants agree to pay all applicable fees associated with the Pharaoh platform as detailed in the subscription plan or service contract at the time of sign-up. Fees may be based on subscription tiers, transaction volumes, or additional features. Pharaoh reserves the right to adjust pricing and fees at any time with reasonable notice.

Billing: Merchants will be billed according to the selected plan, and payments will be processed via the merchant's Shopify account or another authorized payment method.
Non-Payment: Pharaoh reserves the right to suspend or terminate access to services if payments are overdue or if merchants fail to pay applicable fees.

6. Intellectual Property

All content, design, and features of the Pharaoh platform, including text, graphics, logos, and software, are the exclusive property of Pharaoh and are protected by intellectual property laws. Merchants are granted a non- exclusive, limited, and revocable license to use the platform solely for conducting business as outlined in these terms.
Merchant Content: Merchants retain ownership of the content they upload, including product descriptions and images. However, by uploading content, merchants grant Pharaoh a worldwide, royalty- free license to use, display, and distribute such content for the purpose of providing services

7. Data Protection

Pharaoh may collect and process data on behalf of merchants to facilitate platform services. All personal data collected by Pharaoh in connection with its services will be processed in accordance with Pharaoh’s Privacy Policy. Merchants are responsible for securing and protecting the personal information of their customers in compliance with applicable data protection laws.

Data Access: Pharaoh may have access to limited customer data (e.g., purchase history) to provide platform services but will not use this data for any purpose other than delivering those services.

8. Disclaimer of Warranties

Pharaoh provides its platform and services on an "as is" and "as available" basis. We do not warrant that the service will meet your expectations or that it will be uninterrupted or error-free. To the fullest extent permitted by law, Pharaoh disclaims all warranties, express or implied, related to the services, including warranties of merchantability and fitness for a particular purpose.

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9. Limitation of Liability

To the maximum extent permitted by law, Pharaoh will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the platform, including loss of revenue, profits, or business opportunities, even if Pharaoh has been advised of the possibility of such damages.

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10. Indemnification

Merchants agree to indemnify, defend, and hold Pharaoh harmless from any claims, damages, liabilities, or expenses (including legal fees) arising out of the merchant’s use of the platform, violation of these terms, or infringement of any intellectual property or other rights.

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11. Termination

Pharaoh reserves the right to terminate or suspend your access to the platform at any time, without notice, if you breach these terms or engage in activities that could harm the platform or its users. Merchants may also terminate their subscription or service agreement in accordance with the terms specified in their plan.

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12. Governing Law

Any dispute, claim, or controversy arising out of or relating to these terms, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved either through binding arbitration or in state or federal court, at the sole election of Pharaoh. If Pharaoh elects arbitration, the arbitration shall be conducted in the State of Delaware, in accordance with the rules of the American Arbitration Association (AAA). The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. If Pharaoh elects litigation, any disputes shall be resolved exclusively in the state or federal courts located in Delaware. Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief for any violations of intellectual property rights in state or federal court, regardless of whether arbitration has been elected.

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13. Changes to Terms

Pharaoh may update these terms and conditions from time to time. When we do, we will post the updated terms on this page and indicate the date of the latest revision. Your continued use of the platform after any changes constitutes your acceptance of the new terms.

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14. Contact Information

If you have any questions or concerns about these terms, please contact us at support@pharaohapp.com