Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "User," or "you") and Shopium ("we," "us," or "our"), governing your access to and use of the Shopium e-commerce platform, including all associated services, features, templates, and tools (collectively, the "Service").

By creating an account or otherwise accessing the Service, you confirm that you are at least 18 years of age, have the legal capacity to enter into binding contracts, and have read, understood, and agree to be bound by these Terms and our Privacy Policy.

We reserve the right to update or modify these Terms at any time. Continued use of the Service following the posting of changes constitutes your acceptance of the revised Terms. We will notify you of material changes via email or a prominent notice within the platform.

To access the Service you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date at all times.

• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must notify us immediately at support@shopium.tn of any suspected unauthorized use of your account.
• Each account may only be used by one merchant entity. Sharing accounts between multiple businesses is prohibited.
• You may not create an account on behalf of another person without their express written authorization.
• We reserve the right to refuse registration or cancel accounts at our sole discretion.

Shopium is a software-as-a-service (SaaS) provider. We provide online software that lets you create, host and manage your own online store. Shopium is not a marketplace, does not sell any products itself and is not a party to the sales made through your store.

• Shopium takes no commission and no percentage on your sales. The price of your plan depends only on the number of orders your store receives each month (see Section 04), never on the amount of your sales.
• Your customers pay you directly, for example by cash on delivery. Shopium does not collect, hold or transfer the money from your sales.
• Each sale is a contract between you and your customer only. As the seller, you are solely responsible for your products, prices, deliveries, returns, refunds and after-sales service, and for complying with the laws that apply to your sales.
• The online payments you make to Shopium pay for our own software subscription. They are processed by our payment provider, Flouci.

Delivery of the Service

• Digital delivery, no shipment: Shopium is a service supplied entirely online. There is no physical product, no shipment and no delivery address or delivery charge. Everything you pay for is delivered to your Shopium account.
• When your store is delivered: your store and every feature of the store builder are available immediately when you create your account, before any payment. Creating and publishing a store is free, so there is nothing to wait for.
• Wallet top-ups: an amount added to your wallet is credited as soon as Flouci confirms the payment, normally within a few seconds. If a payment is confirmed by your bank but not credited, contact us and we will trace it.
• Optional services: an optional service you order from your dashboard is activated as soon as it is paid, except where it depends on a third party. A domain name is checked by our team before it is registered, so it shows as Processing for a short while; once registered, we point it at your store and issue its HTTPS certificate, usually within a few hours.
• Where to follow it: the status of everything you have ordered, your wallet balance and your invoices are visible at any time in your dashboard.

Creating a Shopium store is free. Shopium is then billed as a monthly subscription whose price is set by the number of orders your store receives in the calendar month. All the features of the store builder are included in every plan; plans differ only by order volume.

• How your plan is set: you do not choose a plan. Your plan for each calendar month is determined automatically by the number of orders your store received during that month, and adjusts by itself from one month to the next. There is no upgrade or downgrade step, no commitment and no setup fee.
• What counts as an order: every order placed on your store during the calendar month, as listed in the Orders page of your dashboard. An order counts for the month in which it was placed, whatever its later status, including if it is later cancelled or returned.
• Billing cycle: on the 1st of each month, we issue an invoice for the previous month at the price of the plan reached. A month with fewer than 10 orders is free and no invoice is issued for it.
• Payment: each invoice is paid automatically from your prepaid Shopium wallet balance. You top up your wallet online through our payment provider Flouci, by bank card or e-dinar. Your card details are entered on Flouci's secure payment page and are never received or stored by Shopium. Top-ups are credited to your wallet as soon as the payment is confirmed.
• Currency: all prices are expressed and charged in Tunisian dinars (TND).
• Taxes: all prices shown on this site and in your dashboard are inclusive of all taxes (TTC). No tax, duty or other charge is added when the payment is taken: the amount displayed is exactly the amount debited from your wallet. Shopium is registered for VAT in Tunisia under the identifier shown on our Legal Notice page, and each invoice issued to you states the amount actually charged.
• No additional fees: there is no setup fee, no account fee, no transaction fee and no commission on your sales. The plan price is the only recurring charge. The only other amounts that can ever be debited are the optional services you order yourself from your dashboard (for example a domain name, SMS confirmations or Creatives image generation); each of those shows its exact price in dinars before you confirm, and nothing is charged until you do.
• Promotional credit: any promotional credit added to your wallet by Shopium can only be used to pay Shopium plan invoices; it has no cash value and cannot be refunded or withdrawn.
• Optional services: optional services that show their own price in your dashboard are not part of your plan. They are charged separately, from your wallet balance, only when you choose to order them.
• Invoices and receipts: your invoices, wallet balance and payment history are available at any time in your dashboard, where you can also download your receipts.

We may change our plans or prices. We will give you at least 30 days' advance notice of any price change by email. Continued use of the Service after a price change takes effect constitutes your acceptance of the new prices; if you do not agree, you may stop using the Service at any time, as described in Section 05.

You can stop using Shopium at any time. There is no minimum term, no notice period and no cancellation fee.

• You can close your account at any time by contacting our support team. Invoices already issued for past months remain payable.
• Because your plan follows the orders you actually receive, any month in which your store receives fewer than 10 orders is free. If you stop selling, you have nothing to pay.
• Refunds owed to your own customers for their purchases are your responsibility as the seller; Shopium does not process them.

Billing questions and disputes: if you believe an invoice or a wallet transaction is incorrect, contact us at support@shopium.tn with your store name and the month concerned. We will review your request and correct any confirmed billing error on your wallet balance.

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of any third party or restrict or inhibit anyone's use or enjoyment of the Service. The following are strictly prohibited:

• Selling counterfeit, fraudulent, or stolen goods, or any products that infringe third-party intellectual property rights.
• Listing or promoting illegal products or services under Tunisian law or the laws of your target markets.
• Publishing false, misleading, or deceptive product descriptions, reviews, or pricing information.
• Using the Service to distribute malware, spam, phishing content, or any other malicious code or communications.
• Attempting to gain unauthorized access to Shopium's systems, other users' accounts, or any part of the platform not intended for you.
• Engaging in any activity that could damage, disable, overburden, or impair the Service or its infrastructure.
• Scraping, crawling, or otherwise extracting data from the platform without our express written permission.
• Using the Service for any purpose that violates applicable export control, sanctions, or anti-money laundering regulations.
• Selling weapons, narcotics, adult-only content, or any other product category explicitly prohibited by Tunisian law.

Shopium's IP: The Service, including all software, templates, designs, text, graphics, logos, and other content provided by Shopium, is the exclusive property of Shopium or its licensors and is protected by Tunisian and international intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, trade names, or logos without our prior written consent.

Your Content: You retain full ownership of all content you upload to or create through the Service ("Merchant Content"), including product images, descriptions, logos, and store branding. By uploading Merchant Content, you grant Shopium a non-exclusive, worldwide, royalty-free licence to host, display, and transmit your content solely as necessary to provide and improve the Service.

You represent and warrant that you have all necessary rights to your Merchant Content and that it does not infringe any third party's intellectual property rights. You are solely liable for any claims arising from your Merchant Content.

• You may not copy, modify, distribute, sell, or lease any part of the Shopium platform or its proprietary templates without explicit written permission.
• Themes and templates purchased from our marketplace are licensed for use on a single store unless otherwise specified.
• Any feedback or suggestions you submit to us may be used by Shopium without compensation or attribution to you.

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

In no event shall Shopium's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service exceed the greater of (a) the total fees you paid to Shopium in the twelve (12) months immediately preceding the claim, or (b) 500 TND.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

Either party may terminate this agreement at any time. You may close your account at any time by contacting our support team. We may suspend or terminate your access to the Service immediately and without prior notice for any of the following reasons:

• Breach of any provision of these Terms or our Acceptable Use Policy.
• Two consecutive monthly plan invoices left unpaid due to an insufficient wallet balance (see Section 04) — this results in automatic suspension rather than termination, and is lifted automatically once the balance is settled.
• Engaging in fraudulent, deceptive, or illegal activity through the platform.
• Repeated violations or patterns of behavior that harm other users, merchants, or Shopium's reputation.
• Any court order, regulatory directive, or legal obligation requiring us to do so.

Upon termination, your right to access the Service ceases immediately. We may delete your store data, including product listings, customer data, and order history, 30 days after termination. We strongly recommend that you export your data before closing your account.

Sections relating to intellectual property, limitation of liability, governing law, and any accrued payment obligations shall survive termination of this agreement.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Tunisia, without regard to its conflict-of-law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be subject to the exclusive jurisdiction of the competent courts of Tunisia.

Before initiating any formal legal proceedings, we encourage both parties to attempt to resolve disputes amicably. You agree to contact us at legal@shopium.tn and give us 30 days to attempt to resolve the matter informally before escalating to formal dispute resolution.

If you are accessing the Service from outside Tunisia, you are responsible for compliance with your local laws and regulations. Shopium makes no representation that the Service is appropriate or available for use in all jurisdictions.

If you have any questions, concerns, or requests regarding these Terms of Service, please reach out to our team. We aim to respond to all legal inquiries within 5 business days.

The identity and contact details of the publisher of Shopium (legal name, address, tax registration number and phone) are set out in our Legal Notices.