SoloStore Terms of service

These Terms of Service and Software License Agreement (the “Terms”) are a binding contract between you and ELEVATELY, LLC (“SoloStore”, “we”, “us”), a Wyoming limited liability company, covering the SoloStore software, the setup materials that come with it, and this website. By buying a license, downloading or deploying the software, or using this website, you accept these Terms. If you do not accept them, do not buy or use SoloStore.

1.Who you are contracting with

SoloStore is sold by ELEVATELY, LLC, a limited liability company organized under the laws of Wyoming, United States. We do not publish a postal address on this page. Notices under these Terms are given by email to matt@mattgiaro.com, and if you need a postal address for a formal legal notice, ask there and we will give you one. We are the seller of the license. We are not a party to anything you subsequently sell to your own customers.

If you are buying on behalf of a company or other organisation, you confirm you are authorized to bind it, and “you” means that organisation.

2.What SoloStore is, and what it is not

SoloStore is self-hosted software. You buy a license, you deploy the software to hosting accounts that you open and pay for in your own name, and you run it. Read the following list carefully, because the whole of these Terms follows from it.

What you are paying for is a license to a copy of the software, a step-by-step setup guide, twelve months of updates, and best-effort email support. That is the entire subject of this agreement.

3.License grant

Subject to your compliance with these Terms and to payment in full, we grant you a perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable license to install and run one instance of the software for your own business.

One license covers one store. A store means one deployed instance, serving one storefront on one domain or subdomain, connected to one Stripe account. Inside that store you may create unlimited products, courses, videos, members and communities. A second, separate store requires a second license.

You may run additional non-public copies of the software solely for staging, testing or backup, provided they are not used to sell to the public and are not accessible to your customers.

The license is perpetual in the sense that we cannot switch off a copy you have already deployed, and we will not try to. It is not irrevocable: it terminates if you breach Section 4 or Section 15, and on termination you must stop using and delete every copy.

4.What you may not do

You may not, and may not permit anyone else to:

Each of these restrictions is a material term. Breaching any of them terminates your license automatically, without refund, and without limiting any other remedy available to us.

5.Ownership

The software is licensed, not sold. We and our licensors retain all right, title and interest in and to the software, the setup materials, this website, the SoloStore name and logo, and all intellectual property rights in them. You receive only the rights expressly granted in Section 3. All rights not expressly granted are reserved.

You retain all right, title and interest in everything you create with the software: your products, your courses, your videos, your copy, your branding, your customer relationships and your data. We claim no ownership of and no license to any of it, and we have no access to it.

The software may include third-party open source components, which remain governed by their own licenses. Where such a license conflicts with these Terms in respect of that component, that license controls for that component.

6.Price, payment and taxes on your license

The license fee is the amount shown at checkout at the time of your purchase, payable once, in advance, in full. Payment is collected by Stripe on our behalf; your payment is also subject to Stripe’s terms, and we never receive or store your full card details.

Prices are introductory and change. We may raise, lower, discount or withdraw any price, promotion or bundle at any time, and we may change what a license includes for future purchases. A price change is never retroactive: it does not affect a license you have already bought, and it does not entitle you to a refund, credit or top-up of the difference in either direction.

Prices are stated exclusive of tax unless the checkout says otherwise. Where we are required to collect sales tax, VAT or any similar tax on the license fee, it is added at checkout and shown before you pay. Any other tax, duty or withholding arising from your purchase is yours.

You agree not to initiate a chargeback or payment dispute for a matter covered by our refund policy without first requesting a refund by email under Section 7. Chargebacks filed without doing so, or after a refund has already been issued, are a breach of these Terms and terminate your license.

7.Refunds: the 7-day guarantee

You may request a full refund within 7 days of your purchase, for any reason or no reason. Email matt@mattgiaro.com from the address you bought with, within those 7 days. You do not have to explain yourself, you do not have to prove anything, and there is no deduction. We refund to the original payment method, normally within five business days.

A refund ends your license. On refund you must immediately stop using the software, take your deployed instance offline, and delete every copy of the software and the setup materials in your possession. Content you created yourself remains yours.

After 7 days, all sales are final and the license fee is non-refundable. Optional update-year renewals are non-refundable once the renewal period has begun. We may decline a refund where there is evidence of fraud, abuse, license sharing, or repeated buy-and-refund behaviour.

8.Updates and versions

Your purchase includes twelve months of updates from the date of purchase. After that, updates are available for an optional annual fee, currently $99 per year and subject to change. Update access is entirely optional: your store keeps running exactly as it is if you never update again, and letting the update year lapse does not affect your perpetual license to the version you already have.

We do not promise any particular update, feature, fix or release cadence, and nothing said on this website, in an email, in a video, on a roadmap or in a support conversation is a commitment to build anything. Do not buy on the strength of a feature that does not exist yet.

Third-party services change and retire their APIs on their own schedule. We may, but are not obliged to, release updates that restore compatibility, and we are not liable if a third party’s change breaks part of the software. Applying updates on your own instance is your responsibility, including taking a backup first.

9.Support

Support is by email only, at matt@mattgiaro.com, in English, on a best-effort basis during ordinary business days. There is no phone support, no live chat, no guaranteed response time and no service level agreement.

Support covers installing the software, using its features as documented, and diagnosing faults in the software itself. It does not cover: your hosting accounts or their bills; your Stripe account, its verification, its payouts or its disputes; your domain, DNS or email deliverability; your content, pricing, marketing or business decisions; custom development, custom design or bespoke integrations; migration work performed on your behalf; or any modification you have made to the software.

We may decline or discontinue support for anyone who is abusive, or whose license has been terminated or refunded.

10.Your responsibilities as the operator

Because you host the software, everything an operator is normally responsible for is yours. Specifically, you are solely responsible for:

11.Third-party services

SoloStore is designed to run on and connect to services operated by other companies, including Railway, Bunny, Stripe, Kit and MailerLite. Your use of each of them is a direct contract between you and that company, on their terms and at their prices. We are not a party to it, we receive nothing from it, and we do not control it.

We make no representation about any third-party service and are not liable for anything it does: outages, data loss, price increases, API changes, feature removals, account suspensions or closures, holds on your funds, or the service shutting down altogether. Hosting costs quoted on this website are our good-faith estimate of typical usage at the time of writing, not a quote, a cap or a guarantee; your actual bill depends on your usage and on prices those companies set.

12.You are the seller — payments, chargebacks and disputes

Every payment your customers make goes directly to your own Stripe account under your own agreement with Stripe. You are the merchant of record and the seller of record for everything you sell. We never are, and we never touch your money.

It follows that you alone are responsible for, and we have no liability whatsoever for:

You will not describe SoloStore, or us, as a party to, guarantor of, or processor for your sales.

13.Taxes on your own sales

Sales tax, VAT, GST and any equivalent on what you sell are your responsibility to determine, collect, report and remit. We are never the merchant of record and therefore never assume that obligation for you.

Stripe separately offers its own merchant-of-record service, which handles EU VAT and US sales tax for an additional fee charged by Stripe on each transaction. That is a setting on your Stripe account, sold and operated by Stripe, and it is your decision whether to use it. Anything on this website describing it is a factual summary as at the date shown, not advice and not an offer.

Nothing on this website, in the software, in the setup materials or in a support email is tax, legal, accounting or financial advice. Consult your own advisers.

14.Your data and your customers’ data

Your store’s data lives on infrastructure you control. We are not a data controller, processor or sub-processor for it, we have no access to it, and no data processing agreement between us is required or offered in respect of it. Where privacy law applies to your store, you are the controller and your hosting and service providers are your processors.

We do process a small amount of your own personal data as our customer — your name, email and billing details. That is described in our Privacy Policy.

15.Acceptable use

You may not use SoloStore to sell, deliver, promote or facilitate:

You represent that you are at least 18 and legally able to enter this agreement, that you are not located in an embargoed jurisdiction, and that you are not on a restricted-party list. Breach of this section terminates your license immediately and without refund.

16.No earnings, results or uptime guarantee

Comparisons, savings figures, payback periods, cost tables and example scenarios on this website are illustrations based on stated assumptions and on publicly listed prices read on the dates shown. They are not a promise of what you will pay, save or earn.

We make no representation or warranty that you will earn any revenue, make any sale, save any money, recover the license fee, or achieve any particular result. Your results depend on your product, your audience, your pricing, your marketing and your effort, none of which we control. Any figure, screenshot, demo store, case study or testimonial shown anywhere on this website is an example, not a typical result and not a projection.

17.Comparative claims and third-party names

This website names and compares other products. All product names, logos and brands are the property of their respective owners, and are used for identification and comparison only. We are not affiliated with, endorsed by, sponsored by or in any partnership with any of them.

Competitor prices and features are public information read on the dates stated on each page. Vendors change them without notice, plans differ by region and by negotiation, and a figure may be out of date by the time you read it. Everything of that kind is provided for information only, without warranty of accuracy or completeness. Verify with the vendor before making a decision. If you believe something we have published about your product is wrong, email us and we will correct it.

18.Feedback

If you send us ideas, feature requests, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation, attribution or compensation. Do not send us anything you consider confidential or want to be paid for.

We may quote a public review or a testimonial you give us, with your name, in our marketing. Tell us in writing if you would rather we did not, and we will stop.

19.Disclaimer of warranties

The software, the setup materials, the support and this website are provided “as is” and “as available”, with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express, implied and statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the software will meet your requirements, that it will operate uninterrupted, secure or error-free, that defects will be corrected, that it will be compatible with any particular hosting provider, third-party service, browser or future version of any of them, or that any data will be preserved or recoverable. You assume the entire risk of installing and operating it.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply to the fullest extent permitted, and any warranty that cannot be excluded is limited in duration to the shortest period the law allows.

20.Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, loss of revenue, loss of sales, loss of business, loss of goodwill, loss of anticipated savings, loss of or corruption of data, business interruption, downtime, failed or missed transactions, chargebacks, cost of substitute software or services, or the cost of any hosting or third-party service — however caused, under any theory of liability, and even if we have been advised of the possibility.

Our total aggregate liability for all claims arising out of or relating to these Terms, the software or this website will not exceed the amount you actually paid us for your license in the twelve months before the event giving rise to the claim.

These limits apply even if a limited remedy fails of its essential purpose, and they reflect an agreed allocation of risk that is a fundamental part of the bargain: the license fee is a fraction of what a hosted platform charges precisely because we do not carry the operational risk of running your store. Where law does not permit a limitation, our liability is limited to the smallest amount permitted.

21.Indemnification

You will defend, indemnify and hold harmless ELEVATELY, LLC, and our members, officers, contractors and agents, from and against any claim, demand, proceeding, loss, liability, damage, penalty, cost or expense (including reasonable legal fees) arising out of or relating to: your use or operation of the software; anything you sell or publish through it; your dealings with your customers, including refunds, chargebacks and complaints; your taxes; your breach of these Terms or of any third-party service’s terms; your violation of any law or of anyone’s rights; and any claim that your content infringes or misappropriates a third party’s rights.

We will notify you of any claim we seek indemnification for and may participate in the defense with our own counsel at our own expense. You may not settle any claim in a way that imposes an obligation or an admission on us without our written consent.

22.Term and termination

These Terms begin when you first buy or use the software and continue until terminated. Your license is perpetual unless it terminates under this agreement.

Your license terminates automatically and immediately, without refund, if you breach Section 4, Section 15, or the chargeback undertaking in Section 6. We may also terminate on written notice for any other material breach you do not cure within 14 days of us telling you about it.

On termination you must immediately cease all use of the software, take the deployed instance offline, and permanently delete every copy of the software and the setup materials, and confirm you have done so if we ask. You may keep and export your own content and data. Termination does not limit any other remedy, and does not entitle you to a refund except under Section 7.

The following survive termination, by whatever cause: Ownership; Price, payment and taxes on your license; Refunds; You are the seller; Taxes on your own sales; No earnings, results or uptime guarantee; Comparative claims and third-party names; Feedback; Disclaimer of warranties; Limitation of liability; Indemnification; this section; Disputes, arbitration and class action waiver; Governing law and venue; and General.

23.Changes to these Terms

We may update these Terms. The version in force for your purchase is the version published on this page at the time you bought, and we keep the last-updated date at the top of this page current. A changed version applies to purchases made after it is published, and to your continued use of this website. If you do not accept a change, stop using the website; your existing license continues under the version you bought under.

24.Disputes, arbitration and class action waiver

Talk to us first

Before starting any formal proceeding, you agree to email matt@mattgiaro.com with a short description of the dispute and the outcome you want, and to give us 30 days to resolve it informally. Most things end here.

Binding individual arbitration

If we cannot resolve it, any dispute, claim or controversy arising out of or relating to these Terms, the software or this website — including its formation, interpretation, breach, termination, validity or enforceability — will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Rules if you bought as a business), before a single arbitrator. The arbitrator decides all issues, except that a court decides whether the class action waiver below is enforceable.

The arbitration will be conducted in English. It will be held by telephone, videoconference or on written submissions where the rules allow; if an in-person hearing is required it will take place in Laramie County, Wyoming, or in the county where you live if you ask. The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the award may be entered in any court of competent jurisdiction. For claims under $10,000 brought by a consumer, we will pay the AAA filing and arbitrator fees.

Class action and jury waiver

You and we agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, private attorney general or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only in favor of the individual party seeking it and only to the extent necessary to provide relief on that party’s individual claim. You and we waive any right to a jury trial.

Exceptions

Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive or other equitable relief in court to stop actual or threatened infringement, misuse or misappropriation of intellectual property or confidential information. Seeking that relief is not a waiver of this section.

How to opt out

You may opt out of arbitration and the class action waiver by emailing matt@mattgiaro.com with the subject line “Arbitration Opt-Out”, stating your name and the email address you purchased with, within 30 days of your purchase. Opting out costs you nothing and does not affect any other part of these Terms or your license.

Time limit

Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows such a limit.

If this section is unenforceable

If the class action waiver is found unenforceable as to a particular claim, that claim is severed and heard in the courts identified in Section 25, and the rest of this section still applies to all other claims.

25.Governing law and venue

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. For any dispute not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming, and waive any objection to venue or forum non conveniens.

If you are a consumer resident somewhere whose law gives you rights that cannot be contracted away, nothing here removes those rights, and you may also bring proceedings where you live.

26.General

27.Contact

ELEVATELY, LLC
matt@mattgiaro.com