Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the software, services, and website provided by Dominate (“Dominate,” “we,” “us,” or “our”), including our ERP Connector and Checkout optimization products (collectively, the “Services”).

By creating an account, subscribing to a plan, or using any part of the Services, you (“Customer,” “you,” or “your”) agree to these Terms in full. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree, do not use the Services.

1. Definitions

“Services” means all software, APIs, dashboards, integrations, and related documentation provided by Dominate, including the ERP Connector and Checkout products.
“Subscription” means a paid or free plan that grants access to the Services for a defined billing period.
“Customer Data” means data you provide to or through the Services, including order records, inventory data, and customer information from your connected platforms.
“Authorized Users” means employees, contractors, or agents you authorize to access the Services under your account.
“Documentation” means the technical guides, help articles, and setup instructions made available by Dominate.

2. Account Registration and Access

To use the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for:

Maintaining the confidentiality of your login credentials
All activity that occurs under your account
Promptly notifying us of any unauthorized access at hi@dominate.co
Ensuring all Authorized Users comply with these Terms

You may not share login credentials between multiple individuals. Each account is issued to a single subscribing entity.

3. Subscriptions and Billing

3.1 Plans and Pricing

Dominate offers subscription plans at the prices listed at dominate.co/integrations/pricing and dominate.co/checkout/pricing. Prices are in US dollars and exclude applicable taxes unless stated otherwise.

3.2 Billing Cycle

Subscriptions are billed monthly or annually in advance, depending on the plan you select. Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date.

3.3 Payment

You authorize Dominate to charge your payment method on file for all fees due. If a payment fails, we will attempt to re-charge up to three times over 7 days. Accounts with outstanding balances may be suspended until payment is resolved.

3.4 Price Changes

We may change subscription pricing with at least 30 days’ notice before your next renewal date. Continued use after the price change takes effect constitutes acceptance of the new pricing.

3.5 Taxes

You are responsible for all taxes, levies, and duties imposed by taxing authorities on your purchase, excluding taxes on Dominate’s net income. Where required by law, Dominate will collect and remit applicable sales or VAT taxes.

4. Refund and Cancellation Policy

4.1 Cancellation

You may cancel your subscription at any time from your account dashboard or by contacting hi@dominate.co. Cancellation takes effect at the end of your current billing period. You will retain access to the Services through the end of the paid period.

4.2 Refunds

Dominate offers a 14-day money-back guarantee for new subscribers. If you are not satisfied with the Services, contact us within 14 days of your initial payment and we will issue a full refund of that payment, no questions asked.

After the 14-day window, subscription fees are non-refundable. Partial-month or partial-year refunds are not issued for mid-period cancellations. Annual subscribers who cancel after 14 days will retain access through the end of the annual term.

Refunds will not be issued for:

Accounts suspended for Terms violations
Unused features or portions of a plan
Downtime caused by third-party platforms (Shopify, NetSuite, etc.) outside our control

5. License Grant and Restrictions

5.1 License

Subject to your compliance with these Terms and timely payment of fees, Dominate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your active Subscription solely for your internal business operations.

5.2 Restrictions

You may not, and may not permit others to:

Copy, modify, distribute, sell, sublicense, or transfer the Services or any part of them
Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Services
Remove, alter, or obscure any proprietary notices, branding, or copyright statements in the Services
Use the Services to build a competing product or service
Access the Services through automated means (bots, scrapers) except as expressly permitted by our API documentation
Use the Services in violation of any applicable law, regulation, or third-party rights
Circumvent any usage limits, rate limits, or access controls

6. Customer Data

6.1 Ownership

You retain all ownership and intellectual property rights in your Customer Data. You grant Dominate a limited, non-exclusive license to process Customer Data solely as necessary to provide the Services to you.

6.2 Your Responsibilities

You represent and warrant that you have all rights, consents, and permissions necessary to provide Customer Data to the Services, and that doing so does not violate any applicable law or third-party rights (including your end customers’ privacy rights).

6.3 Data Processing

To the extent Dominate processes personal data on your behalf as a data processor (as defined under GDPR or equivalent laws), such processing is governed by our Privacy Policy and any applicable Data Processing Agreement (DPA). You may request a DPA by contacting privacy@dominate.co.

6.4 Data Security

Dominate implements reasonable technical and organizational security measures to protect Customer Data. You are responsible for securing access to your account and the credentials of your Authorized Users.

7. Intellectual Property

Dominate and its licensors own all intellectual property rights in the Services, including software, interfaces, documentation, trademarks, and service marks. These Terms do not transfer any ownership rights to you. All rights not expressly granted are reserved by Dominate.

“Dominate,” the Dominate logo, “ERP Connector,” and other Dominate product names are trademarks of Dominate. You may not use them without our prior written permission.

8. Uptime, Support, and Service Levels

8.1 Uptime Target

Dominate targets 99.5% monthly uptime for the Services, excluding scheduled maintenance windows (communicated with at least 24 hours’ notice where possible) and events outside our reasonable control (see Section 13).

8.2 Support

All plans: Email support at hi@dominate.co, response within 2 business days
Pro plans: Priority email support, response within 1 business day
Enterprise plans: Dedicated account manager, phone and email support

8.3 Updates and Maintenance

Dominate may update, modify, or discontinue features of the Services with reasonable notice. Bug fixes and security patches are deployed as needed and are included in all active subscriptions at no additional charge.

9. Third-Party Platforms and Integrations

The Services connect to third-party platforms including Shopify, Magento, Adobe Commerce, BigCommerce, WooCommerce, and NetSuite. Dominate is not responsible for the availability, accuracy, or functionality of these platforms, or for any changes those platforms make to their APIs or data structures that affect the Services.

Your use of third-party platforms is governed by their respective terms of service. You are responsible for maintaining valid accounts and API access on those platforms.

10. Confidentiality

Each party may have access to non-public, confidential information of the other party (“Confidential Information”) in connection with the Services. Each party agrees to:

Keep Confidential Information strictly confidential
Use Confidential Information only to fulfill obligations under these Terms
Not disclose Confidential Information to any third party without prior written consent
Use at least the same degree of care as it uses to protect its own confidential information (and no less than reasonable care)

Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party without restriction, or required to be disclosed by law (provided the disclosing party gives prompt notice and cooperates with efforts to seek a protective order).

11. Warranties and Disclaimers

Dominate warrants that the Services will materially conform to the Documentation during your active Subscription and that we will use commercially reasonable efforts to correct material non-conformances reported by you.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOMINATE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Dominate does not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that your use of the Services will meet any specific business outcome or revenue target.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOMINATE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO DOMINATE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

These limitations apply regardless of the theory of liability and even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain liability exclusions or limitations; in those jurisdictions our liability is limited to the minimum extent permitted by law.

13. Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party platform outages (including AWS, Shopify, NetSuite, or similar providers).

14. Indemnification

You agree to indemnify, defend, and hold harmless Dominate and its officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorney’s fees) arising out of or related to:

Your use of the Services in violation of these Terms
Your Customer Data or your end customers’ data
Your violation of any applicable law or third-party rights
Any misrepresentation made by you in connection with the Services

15. Term and Termination

15.1 Term

These Terms remain in effect from the date you create an account until your Subscription is terminated or expires and all outstanding obligations are fulfilled.

15.2 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within 30 days of written notice. Dominate may also suspend or terminate your account immediately for:

Non-payment of fees after a 7-day cure period
Fraudulent activity or misuse of the Services
Any activity that exposes Dominate or its other customers to legal risk or security threats

15.3 Effect of Termination

Upon termination, your access to the Services will cease. You may export your Customer Data within 30 days of termination, after which Dominate may delete it. Sections that by their nature should survive termination (including Sections 7, 10, 11, 12, 14, 16, and 17) will survive.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services will first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days of written notice, it will be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in Baton Rouge, Louisiana.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Class Action Waiver: You agree that disputes will be resolved only on an individual basis and not as a class action, consolidated action, or representative proceeding.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Form or DPA, constitute the entire agreement between you and Dominate regarding the Services and supersede all prior agreements, representations, or understandings.

17.2 Amendments

Dominate may amend these Terms by posting the revised version at dominate.co/terms-and-conditions and updating the “Last updated” date. For material changes, we will provide at least 14 days’ notice via email or in-app notification. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

17.3 Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

17.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Dominate may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, with notice to you.

17.6 Notices

Notices to Dominate must be sent to hi@dominate.co or by mail to Dominate, Baton Rouge, Louisiana, United States. We will send notices to the email address associated with your account. Notices are effective upon sending (for email) or upon receipt (for mail).

18. Contact

Questions about these Terms? Contact us:

Email: hi@dominate.co
Contact form: dominate.co/contact
Privacy questions: privacy@dominate.co