Terms of Service
Terms of Service
Effective Date: March 1, 2026
By purchasing a software license or subscribing to a managed service from EMS Backend Services LLC, you agree to the following Terms of Service.
These terms govern the use of the EMS platform, including the EMS Fulfillment Hub and Partner Connect software.
1. License Grants & Restrictions
Software Licensing
EMS Backend Services grants you a non-exclusive, non-transferable license to install and operate the EMS Fulfillment Hub or Partner Connect plugin on the number of sites specified in your purchased license tier.
This license allows you to operate the EMS platform solely for the purpose of managing supplier and partner distribution within WooCommerce.
Ownership of the EMS software remains exclusively with EMS Backend Services LLC.
Independent Responsibility (Self-Managed Licenses)
Customers operating under a Self-Managed license are solely responsible for:
• server hosting
• website configuration
• plugin installation
• system security
• backups and updates
EMS Backend Services does not provide infrastructure management for Self-Managed installations.
Prohibited Acts
You may not:
• reverse engineer or decompile EMS software
• redistribute plugin files
• sublicense or resell the software without written permission
• modify the software for resale
Violation of these terms may result in termination of the license.
2. Managed Services & Infrastructure
Service Scope
Managed Service plans include services defined within the selected plan, which may include:
• hosting infrastructure
• platform configuration
• plugin updates
• system monitoring
• technical support
Uptime & Performance
EMS aims to maintain 99.9% uptime for managed hosting environments. However, EMS is not liable for service interruptions caused by:
• upstream internet providers
• data center outages
• third-party service providers
• scheduled maintenance windows
Technical Access
To provide managed services, clients grant EMS Backend Services administrative access to:
• WordPress installations
• hosting servers
• platform configuration settings
This access is used solely for maintenance and support purposes.
3. Financial Transactions & Ledger System
Wallet System
The EMS platform includes a Retainer Wallet ledger system used to track prepaid balances between partners and suppliers.
This ledger functions as a software accounting tool only.
It is not a bank account, financial service, or stored-value account.
EMS Backend Services does not hold, process, or manage funds associated with wallet balances.
Supplier Responsibility
Suppliers are responsible for:
• ensuring product availability
• fulfilling partner orders
• maintaining accurate ledger records
• managing their fulfillment operations
Payment Processing
Any payment processing used to fund wallets or process retail transactions is handled through third-party servicesselected by the site owner.
EMS Backend Services is not responsible for payment processor errors, transaction failures, or processing fees.
4. Billing, Renewals & Payment Obligations
Billing
Recurring billing for services may include:
• annual software license renewals
• monthly managed service fees
• setup or configuration fees
Invoices are issued through Wave Accounting.
Late Payments
Failure to pay renewal or maintenance invoices within 15 days of the due date may result in:
• suspension of API connectivity
• suspension of technical support
• suspension or termination of managed services
Immediate Termination for Non-Payment (Managed Services)
Managed hosting services may be terminated immediately for non-payment at the discretion of EMS Backend Services.
Platform Transfer
If a managed client chooses to move their site to another hosting provider, EMS will provide one compressed backup of the website files and database representing the contents and history of the site at the time of termination.
EMS is not responsible for migrating or configuring the backup on a new hosting environment.
Clients wishing to continue operating the EMS platform outside the managed environment must obtain the appropriate Self-Managed software license.
No Refund Policy
All fees paid to EMS Backend Services are non-refundable, including:
• setup fees
• software licensing fees
• subscription payments
• service retainers
Refunds will not be issued for unused time, partial billing periods, or terminated accounts.
5. Third-Party Services
The EMS platform may interact with third-party services including but not limited to:
• hosting providers
• payment processors
• blockchain networks
• shipping providers
• WordPress plugins
EMS Backend Services does not control these services and cannot guarantee their availability or performance.
Users are responsible for managing their own third-party service relationships.
6. Limitation of Liability
EMS Backend Services LLC and its parent company Bangor Media shall not be liable for any indirect, incidental, or consequential damages resulting from the use or inability to use the EMS platform.
This includes, but is not limited to:
• lost profits
• lost business opportunities
• data loss
• fulfillment errors
• partner disputes
• service interruptions
Users operate the EMS platform at their own risk.
7. Indemnification
You agree to indemnify and hold harmless EMS Backend Services LLC and Bangor Media from any claims, damages, or liabilities arising from:
• your fulfillment practices
• partner disputes
• product sales
• tax obligations
• regulatory compliance issues
Each user remains responsible for their own business operations.
8. Termination
Termination by User
You may cancel your managed service or annual software license renewal at any time by providing 30 days written notice.
Termination by EMS
EMS reserves the right to terminate service or revoke software licenses for violations of these Terms of Service.
Examples include:
• misuse of the platform
• software redistribution
• illegal activity
• failure to pay service fees
Effect of Termination
Upon termination:
• API connectivity may be revoked
• platform access may be suspended
• managed hosting environments may be disabled
Backup files may be provided to managed clients upon request as described in Section 4.
9. Governing Law
These Terms of Service shall be governed by and interpreted under the laws of the State of Maine, United States, without regard to conflict of law principles.
10. Acceptance of Terms
By purchasing, installing, or using EMS software or services, you acknowledge that you have read, understood, and agree to these Terms of Service.
