Incorporated Terms – Mobile App Terms

Date of Last Revision: April 9, 2021

The terms below are incorporated into, and form an integral part of, the BigCommerce Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service. By using the BigCommerce Mobile Application (“Application”), you agree to be bound by the Terms and these incorporated Mobile App Terms.

  1. Compatibility; Performance. Use of the Application requires a compatible device with supported software and internet access. You are responsible for paying all fees associated with the foregoing. Application performance can be affected by a variety of factors, such as your location, your device, and the availability and speed of your Internet connection.


  2. License. Subject to your compliance with these Terms, BigCommerce grants you a revocable, non-exclusive, non-sublicensable, non-transferable, worldwide, limited license to install and use the Application solely in connection with your Account for so long as your Services subscription remains in effect, and for lawful purposes only. No other license or right is granted. BigCommerce reserves all rights, including IP Rights, in and to the Application not expressly granted to you under these Terms. There are no implied rights or licenses.


  3. Restrictions. Except where otherwise expressly permitted by applicable law or the licensing terms governing open-sourced components included within the Application, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Application, documentation, or data related to the Application; modify, translate or create derivative works based on the Application; copy (except for archival purposes), distribute, sublicense, pledge, assign or otherwise transfer or encumber rights to the Application; use the Application for timesharing or service bureau purposes or otherwise for the benefit of a third party or where it could be used by multiple devices at the same time; remove any proprietary notices or labels; attempt to, or assist, authorize, or encourage others to, circumvent, disable, or defeat any of the security features or components of the Application. The foregoing restrictions are applicable to the Application as a whole, all parts of the Application, all updates to the Application, and all BigCommerce proprietary materials displayed within the Application.


  4. Intellectual Property. As between the parties, the Application, including, without limitation, any and all documentation, images, video, content, trademarks, service marks, trade dress, logos, or other branding, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of the foregoing (collectively, "BigCommerce IP") are owned by BigCommerce and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the BigCommerce IP other than the right to use the Application, in compliance with these Terms. You may not use, imitate, or copy, in whole or in part, any BigCommerce trademark, service mark, trade dress, logo, or other branding without, in each instance, BigCommerce’s prior written consent, which may be given or withheld in BigCommerce’s sole discretion. All permitted use of the foregoing will inure to the benefit of BigCommerce.


  5. Disclaimers.
    1. General. USE OF THE APPLICATION IS AT YOUR OWN RISK, AND IT IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIGCOMMERCE AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    2. Specific. BIGCOMMERCE MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (a) THE ABILITY OF THE APPLICATION TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (b) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE APPLICATION, (c) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (d) THIRD-PARTY PRODUCTS OR SERVICES, AND BIGCOMMERCE ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH.


  6. Purchases. You agree that you will pay any applicable fees for products or services you purchase through the Application, and that BigCommerce may charge your credit card or other form of payment established for your Account for all such purchases (including any taxes and surcharges, if applicable).