Terms of Service
These Terms of Service (“Terms”) form a binding agreement between you and Hampton Empire LLC, doing business as ValidDs (“ValidDs,” the “Company,” “we,” “us,” or “our”).
These Terms govern your access to and use of the Company's websites, software, applications, tools, data, features, and related services (collectively, the “Service”).
1. Description of the Service
ValidDs is a product research, analysis, and validation platform designed primarily for ecommerce sellers and dropshippers.
The Service may include:
- •Product discovery
- •Opportunity scores
- •Product-validation verdicts
- •Entry-difficulty ratings
- •Confidence indicators
- •Market and sales-related signals
- •Product comparisons
- •Review and product summaries
- •Creative-angle and marketing analysis
- •Advertising-creative research
- •Saved research and watchlists
- •Competitor-store information
- •Supplier-search links
- •Third-party integrations
- •Other ecommerce research and decision-support tools
ValidDs is designed to help users analyze available information and make more informed product-testing decisions. It does not make business decisions for you.
Where enabled, the Service may also support exporting product listings to a connected Shopify store, displaying fulfillment orders assigned to the ValidDs integration, providing supplier-search links and delivery information for merchant-managed sourcing, and submitting merchant-entered tracking information to Shopify.
These features depend on the merchant's permissions, supported destinations, third-party availability and applicable platform approvals. Their inclusion in these Terms does not mean they are available to every account.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.
The Service is intended for business and commercial use.
If you use ValidDs on behalf of a company or other entity, you represent that you have authority to bind that entity.
The Service is offered from the United States and is intended for users located in the United States.
3. Accounts
You agree to:
- •Provide accurate account information
- •Keep account information reasonably current
- •Maintain the confidentiality of login credentials
- •Be responsible for activity conducted through your account
- •Promptly notify us of suspected unauthorized account access
You may not share, sell, transfer, or commercially exploit an account except as expressly authorized by ValidDs.
We may suspend or terminate an account where we reasonably believe the account violates these Terms, creates security or legal risk, is being abused, or has unpaid subscription obligations.
4. Market Data, Estimates, Scores, and Methodology
The Service displays marketplace, ecommerce, product, advertising, and competitor information obtained from third-party data providers and publicly accessible sources.
The Service may also generate analyses, estimates, ratings, scores, verdicts, summaries, recommendations, and other outputs from that information.
You acknowledge and agree that:
- •Marketplace information may be incomplete, delayed, inaccurate, unavailable, or later revised.
- •Metrics described as estimates, including estimated revenue and certain sales-related indicators, are analytical approximations and are not verified financial figures reported by a marketplace, seller, advertiser, or brand.
- •Opportunity Scores, Entry Difficulty, confidence indicators, verdicts, rankings, and other validation outputs reflect the Company's proprietary methodology and interpretation of available data.
- •A score or verdict is not a statement of fact that a product will or will not succeed.
- •Different products may have different amounts or quality of underlying evidence.
- •Scores and methodology may change over time as the Company obtains new information, improves the Service, or changes its methodology.
- •Scores calculated at different times may therefore not be directly comparable.
- •Certain outputs, including summaries, audience observations, creative angles, and marketing analyses, may be generated in whole or in part using automated or artificial-intelligence systems.
- •Automated outputs may contain errors, omissions, or inaccurate interpretations and should be independently reviewed before being used in a material business decision.
ValidDs signal names and categories are labels used within our proprietary methodology. They do not represent standardized, independently audited, or universally accepted ecommerce metrics unless the Service expressly states otherwise.
5. Company Materials and No Professional Advice
The protections in this Section apply to materials published by the Company through:
- •The Service
- •validds.com
- •Social media
- •Marketing materials
- •Product demonstrations
- •Reports
- •Educational materials
- •Other Company communications
ValidDs provides ecommerce research, analysis, and decision-support information.
Nothing published by the Company constitutes professional financial, investment, legal, tax, accounting, or other regulated professional advice.
ValidDs does not act as your adviser, fiduciary, business manager, advertising agency, supplier, broker, or marketplace representative.
You remain solely responsible for evaluating information and deciding whether and how to act on it.
6. Supplier Links, Sourcing and Fulfillment
The Service may provide links or search shortcuts to third-party marketplaces or supplier services, including services such as Alibaba, AliExpress, Amazon, Teemdrop, or similar providers.
These links are provided for convenience. ValidDs:
- •Does not act as a supplier
- •Does not sell the products displayed
- •Does not verify supplier inventory
- •Does not guarantee supplier pricing
- •Does not guarantee product quality
- •Does not guarantee shipping times
- •Does not guarantee supplier reliability
- •Is not a party to your transaction with a supplier
Your relationship with a supplier or marketplace is governed by that provider's own terms and policies.
ValidDs provides software to assist your sourcing and fulfillment workflow. ValidDs does not purchase products on your behalf, operate your supplier accounts, receive supplier-order payments, warehouse goods or physically ship orders.
You remain responsible for selecting and evaluating suppliers; verifying product specifications, availability, prices and delivery times; placing and paying for supplier orders; and meeting your obligations to customers, including returns, refunds and customer service.
You must verify listing content before publishing it and ensure you have the necessary rights to use product descriptions, images, trademarks and other third-party materials. You are responsible for sharing customer information with a supplier only as necessary and lawfully permitted to fulfill the order. Following a supplier-search link does not by itself authorize ValidDs to disclose your customers' delivery information to that supplier.
Tracking updates are submitted to Shopify when you or an authorized user enter and submit tracking information through the supported workflow. Supplier shipment information is not automatically synchronized unless the Service expressly identifies such functionality.
A request to Shopify to notify a customer does not guarantee that Shopify delivers a notification. You remain responsible for checking fulfillment status and resolving failed or incomplete updates.
7. EcomBos
The Service may provide an optional link to EcomBos, an independent third-party service that allows users to create or remix advertising creatives.
EcomBos is not operated or controlled by Hampton Empire LLC.
If you choose to follow an EcomBos link:
- •You will leave ValidDs and interact directly with EcomBos.
- •The link may contain referral or attribution parameters identifying ValidDs as the referring source.
- •Your EcomBos account, subscription, payments, outputs, and use of EcomBos are governed by EcomBos' own terms and privacy policy.
Unless the Service expressly tells you otherwise before you initiate a transfer, ValidDs does not transmit your ValidDs research inputs, creative briefs, account credentials, or payment information to EcomBos through this referral link.
The Company does not warrant and is not responsible for EcomBos' services, outputs, availability, pricing, security, terms, privacy practices, business practices, actions, or omissions.
8. No Guarantee of Business Outcomes
ValidDs does not guarantee:
- •A winning product
- •Product profitability
- •Product-market fit
- •Sales
- •Revenue
- •Profit
- •Advertising performance
- •Return on ad spend
- •Return on investment
- •Store performance
- •Supplier performance
- •Market demand
- •Account approval by any platform
- •Any particular business outcome
A favorable score, verdict, ranking, recommendation, creative angle, or other Service output does not mean a product will succeed. An unfavorable output does not mean a product will necessarily fail.
Business results depend on factors beyond ValidDs' control, including product selection, offer, price, supplier quality, shipping, website quality, advertising execution, creative quality, customer behavior, competition, platform policies, and market conditions.
Any cost, savings, revenue, loss, performance, or business example presented by ValidDs is illustrative unless expressly stated otherwise. Results vary.
9. Acceptable Use
You may not:
- •Use the Service for unlawful, fraudulent, harmful, or abusive purposes
- •Violate any applicable law or regulation
- •Infringe or violate third-party rights
- •Misrepresent your identity or authority
- •Attempt unauthorized access to systems or accounts
- •Interfere with or disrupt the Service
- •Circumvent rate limits, access controls, or security features
- •Scrape, crawl, harvest, or systematically extract the Service except with written authorization
- •Resell, sublicense, or commercially redistribute ValidDs or its data
- •Reverse engineer or attempt to derive the Service's source code or proprietary methodology except where applicable law expressly prohibits such a restriction
- •Upload malware, harmful code, or malicious content
- •Use ValidDs data in a manner that violates applicable law or third-party rights
- •Use the Service or its outputs to train, build, improve, market, or provide a product or service that materially competes with ValidDs
- •Use the Service primarily to benchmark ValidDs against a competing product or disclose non-public ValidDs outputs to a competitor except where required by law
- •Bulk-download or extract third-party data for resale or redistribution
- •Independently remove, alter, obscure, bypass, or circumvent copyright notices, attribution, rights-management information, or watermarks applied by a third-party platform or rights holder
10. Third-Party Content and Creative Downloads
The Service may display, index, link to, or make available content owned or controlled by third parties. This may include:
- •Product images
- •Product descriptions
- •Store information
- •Advertisements
- •Videos
- •Advertising creatives
- •Reviews
- •Marketplace content
- •Other third-party media
Hampton Empire LLC does not claim ownership of third-party content merely because it appears in or is accessible through ValidDs. The Company grants you no intellectual-property or commercial-use rights in third-party content unless expressly stated in writing.
Third-Party Creative Downloads
The Service may allow eligible users to download certain advertising creatives, videos, images, or other media obtained from or associated with third-party sources, including files that may not display a visible platform watermark.
The availability of any content through the Service, including in downloadable or watermark-free form, does not mean that:
- •The Company owns that content
- •The Company created that content
- •The Company obtained advertising or commercial-use rights in that content
- •The Company represents that the content is royalty-free
- •The Company represents that the content is copyright-free
- •The Company grants you copyright, trademark, publicity, personality, endorsement, music, performance, or other proprietary rights in that content
Third-party content remains subject to the rights of its respective owners. You are solely responsible for determining whether you possess the rights or legal basis necessary to reproduce, modify, distribute, publish, display, advertise with, or otherwise exploit downloaded third-party content.
ValidDs provides access to such content for product research, competitive research, market analysis, creative research, and reference purposes. The availability of a download does not constitute a representation that the content has been legally cleared for your commercial use.
You agree that your use of any downloaded third-party material is at your own risk and that you are responsible for obtaining any necessary licenses, permissions, releases, or approvals before commercial use.
11. ValidDs Intellectual Property
The Service and the Company's proprietary materials, including its software, user interface, brand, logos, product design, validation methodology, scoring systems, original written content, proprietary databases and data organization, documentation, and technology, are owned by Hampton Empire LLC or its licensors and are protected by applicable intellectual-property laws.
Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you.
You retain ownership of business information, research inputs, notes, and other original content you submit to the Service. You grant the Company a limited right to process that content as reasonably necessary to provide, operate, secure, maintain, and improve the Service.
The Company does not use your private research inputs or business information to train generative artificial-intelligence models made available to other users or third parties.
12. Intellectual Property Complaints
The Company respects intellectual-property rights.
If you believe material accessible through the Service infringes copyright or another intellectual-property right that you own or control, send a written notice to:
A copyright notice should include sufficient information to identify:
- •The copyrighted work claimed to have been infringed
- •The allegedly infringing material
- •Where the material appears
- •Your contact information
- •A statement of your good-faith belief that the use is unauthorized
- •A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act for the copyright owner
- •Your physical or electronic signature
The Company may remove or restrict material where appropriate.
13. Feedback
If you provide ideas, suggestions, feature requests, feedback, or recommendations regarding ValidDs, you grant Hampton Empire LLC a perpetual, worldwide, royalty-free right to use that feedback without restriction or compensation.
14. Fees, Subscriptions, and Shopify Billing
Paid ValidDs subscriptions are purchased and billed through Shopify's app billing system.
Pricing, plan features, billing frequency, introductory offers, trial terms, renewal terms, and applicable charges are disclosed through the Shopify billing flow before you approve a subscription.
By approving a ValidDs subscription through Shopify, you authorize Shopify to charge the applicable fees according to the subscription terms presented to you.
Subscriptions may renew automatically unless cancelled in accordance with the cancellation methods made available through Shopify or the Service.
Cancellation prevents future renewal charges but does not ordinarily create a refund for a billing period that has already been paid, except:
- •Where required by applicable law
- •Where Shopify requires otherwise
- •Where ValidDs expressly states otherwise at the time of purchase
Shopify processes ValidDs subscription payments. Hampton Empire LLC does not receive or store your full payment card number.
If ValidDs offers an introductory trial or promotional period, the trial price, duration, conversion date, subscription price after the trial, and applicable renewal information will be presented before you approve the subscription. If the applicable offer automatically converts to a paid subscription, that conversion will occur according to the terms displayed through Shopify unless you cancel in accordance with the applicable cancellation process. Promotional offers may be subject to additional terms.
Fees for EcomBos or other independent third-party services are not ValidDs subscription fees and are governed by those providers.
15. Privacy and Merchant Customer Data
Your use of the Service is also governed by the ValidDs Privacy Policy available at https://validds.com/privacy. The provisions below form part of these Terms and govern our processing of Merchant Customer Data on your behalf. They are not a separate optional agreement.
A. Roles and Processing Instructions
For your account administration and our own business operations, we determine the purposes of processing as described in our Privacy Policy. Where we process your customers' personal information solely to provide connected order-management and fulfillment functionality on your behalf, you determine the purposes of that processing and we act as your processor or service provider, as applicable under relevant law.
“Merchant Customer Data” means personal information about your customers or order recipients processed on your behalf through that functionality. It includes store, order and fulfillment-order identifiers; ordered products and quantities; recipient names, company names and delivery addresses; merchant-entered tracking, carrier and supplier-order information; fulfillment status; and related privacy-request and operational records to the extent necessary to provide the functionality. It does not authorize collection of additional protected data merely because Shopify can make it available.
The subject matter and purpose of processing are the provision, security and support of connected order-management, merchant-managed fulfillment, and related privacy-request handling. Processing may include receiving, storing, organizing, displaying, retrieving, transmitting to authorized recipients, and deleting the data. It continues for the period necessary to provide the applicable services and complete deletion or lawful retention as described below. The affected individuals are your customers and order recipients.
Your documented instructions consist of these Terms, your authorized use of supported Service functions, and other lawful instructions agreed with us in writing. We will process Merchant Customer Data only on those instructions, except where applicable law requires otherwise. Where legally permitted, we will tell you about such a legal requirement before processing on that basis. We will inform you if we reasonably believe an instruction infringes applicable data-protection law and may pause the affected processing while the issue is resolved.
You are responsible for having the necessary authority and lawful basis to provide the data, for giving appropriate notices to your customers, and for obtaining and managing consent where it is required. Acceptance of these Terms is not a customer's consent to unrelated processing. You must communicate applicable rights requests, restrictions and consent withdrawals relevant to our processing through the supported Shopify channels or privacy@validds.com.
B. Permitted Use and Restrictions
We will not sell or share Merchant Customer Data for cross-context behavioral advertising, use it for unrelated advertising or customer profiling, or use it to train generative artificial-intelligence models. We will not retain, use or disclose it outside the direct business relationship with you or for purposes other than the specified services, except as permitted or required by applicable law. We will not combine it with personal information obtained from other customers, our own interactions with individuals, or other sources except where applicable law permits a service provider or processor to do so for the contracted purposes.
Section 11's general permission to process submitted content does not expand these permitted uses. To the extent the California Consumer Privacy Act applies, we will comply with the applicable service-provider or contractor restrictions, provide the required level of privacy protection, and notify you if we determine that we can no longer meet those obligations. We certify that we understand and will comply with the applicable restrictions in this Section. You may take reasonable and appropriate steps to verify our use is consistent with these obligations and to stop and remediate unauthorized use.
C. Confidentiality and Security
We will restrict access to Merchant Customer Data to authorized persons who need it for the permitted purposes and are subject to confidentiality obligations. We will maintain reasonable administrative, technical and organizational safeguards appropriate to the nature of the data and processing risks, including access controls, secure transmission, protection of stored data, and procedures for handling security incidents and deletion requests.
These obligations do not constitute a representation that the Service has a third-party security certification, that no incident can occur, or that every security control has been independently audited.
D. Service Providers and Subprocessors
You authorize us to engage service providers to process Merchant Customer Data as necessary to provide the contracted services. We will bind those providers to written obligations appropriate to their processing, including confidentiality, security, purpose restrictions and deletion duties that provide substantially equivalent protection to this Section. We remain responsible for their performance of the delegated processing obligations.
We will make information about the subprocessors handling Merchant Customer Data, their processing functions and processing locations available on request to privacy@validds.com. Before adding or replacing such a subprocessor, we will give notice and a reasonable opportunity to object on substantiated data-protection grounds. We will work with you in good faith to address the objection; if it cannot be resolved, you may stop using the affected functionality and cancel the affected Service in accordance with the applicable subscription terms.
Shopify's provision of its own platform and suppliers you select and engage independently are governed by their respective terms. This does not remove our obligations for any processing that we actually undertake on your behalf.
E. Privacy Requests and Assistance
Taking account of the nature of our processing and the information available to us, we will provide reasonable assistance with applicable requests to access, correct, obtain a copy of, restrict or delete Merchant Customer Data, and with applicable security, breach-notification and data-protection assessment obligations.
If an individual contacts us about data we process for your store, we will direct the request to you or coordinate with you unless law requires another response. You remain responsible for verifying the requester, determining the response required by law, and delivering any resulting package securely. An access package supplied by ValidDs covers the data we hold for the request, not a complete export of all information held by Shopify or your other providers.
We will not require acceptance of a new Terms version as a condition of exercising applicable privacy rights. These provisions do not limit rights under applicable law.
F. Security Incidents
We will notify you without undue delay after becoming aware of a security incident involving unauthorized access to, acquisition, disclosure, alteration, loss or destruction of Merchant Customer Data in our custody or control. We will provide available information reasonably necessary for you to assess the incident and meet applicable notification duties, give further material information as it becomes available, and reasonably cooperate in containment and remediation. Notice is not an admission of liability. We will not delay an otherwise required notice solely because the investigation is incomplete.
G. Retention, Return and Deletion
We will retain Merchant Customer Data only as needed for the contracted purposes, in accordance with the customer-data retention provisions in our Privacy Policy and applicable law. Ordinary retention settings do not justify delaying a valid earlier deletion request or establish that law requires the full scheduled period.
On your lawful instruction or termination of the relevant processing services, we will delete or return Merchant Customer Data as applicable and delete remaining copies, unless law requires retention. Where lawful retention is necessary, we will restrict the retained data to that purpose and protect it until deletion is permitted. You should obtain needed records before disconnecting or closing an account; do not assume data remains available after a deletion request.
An applicable customer-deletion request removes the specified operational orders, including their delivery, product and fulfillment details. Store disconnection, app removal, Shopify store deletion and ValidDs account closure remove all operational orders for the affected store. These deletions do not wait for ordinary order-retention periods. Routine expiry of delivery information is a separate process and does not itself delete every remaining operational order field.
Separate audit, deletion-recovery and account records may still contain linked identifiers, as described in Section 8 of our Privacy Policy. Neither the ordinary retention settings nor the purpose of preventing deleted information from returning creates an additional exception to the deletion obligations in this Section. Information retained to comply with those obligations must remain limited to the necessary purpose and subject to applicable law.
Data remaining in protected backups will not be used for ordinary operations and will be removed through the applicable backup expiry process. Our database schedule retains hourly and daily copies for seven days and monthly copies for 12 months. Before a restored database is returned to service, our recovery procedure requires current deletion instructions to be applied, including removal of operational orders covered by completed requests and reapplication of account closure. Instructions received after the backup was taken must also be applied. Recovery-mailbox copies are separate from database backups and follow the purpose-specific retention and exception rules in Section 8 of our Privacy Policy. Those schedules do not create an additional exception to the deletion obligations in this Section. We do not promise immediate removal from every backup or from records held independently by Shopify, merchants or suppliers.
H. Compliance Information and Priority
We will make information reasonably necessary to demonstrate compliance with this Section available to you and cooperate with reasonable assessments or audits required by applicable law, subject to safeguards for security, confidentiality and other customers' information. An existing independent report may be used where suitable; this does not imply that such a report currently exists.
This Section prevails over inconsistent general permissions in these Terms concerning the processing of Merchant Customer Data. It does not limit mandatory obligations or rights under applicable data-protection law. Its confidentiality, use-restriction, security and deletion obligations continue for as long as we retain Merchant Customer Data.
16. Service Availability and Changes
The Service is provided on an evolving basis. We may:
- •Add or remove features
- •Modify product functionality
- •Change data sources
- •Change methodology
- •Update scoring or analysis systems
- •Modify limits
- •Change plan features
- •Suspend features
- •Discontinue features
We do not guarantee uninterrupted, continuous, or error-free availability.
Features labeled beta, preview, test, experimental, early access, or similar may be changed or withdrawn at any time.
17. Termination
You may stop using ValidDs at any time.
We may suspend, restrict, or terminate your account if:
- •You violate these Terms
- •You fail to pay applicable fees
- •Your conduct creates legal, security, reputational, or operational risk
- •Your use threatens the Service or other users
- •We are required to do so by law
- •We discontinue the applicable Service
Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, fees owed, disclaimers, limitation of liability, indemnification, and dispute resolution.
18. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAMPTON EMPIRE LLC DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:
- •MERCHANTABILITY
- •FITNESS FOR A PARTICULAR PURPOSE
- •TITLE
- •NON-INFRINGEMENT
- •ACCURACY
- •COMPLETENESS
- •RELIABILITY
- •AVAILABILITY
- •DATA QUALITY
THE COMPANY DOES NOT WARRANT THAT:
- •THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
- •DATA WILL ALWAYS BE AVAILABLE
- •DATA WILL BE ACCURATE OR COMPLETE
- •ANY SCORE OR VERDICT WILL PREDICT AN ACTUAL BUSINESS RESULT
- •ANY CREATIVE OR OTHER THIRD-PARTY CONTENT IS CLEARED FOR COMMERCIAL USE
- •ANY PRODUCT WILL PRODUCE SALES OR PROFIT
- •ANY SUPPLIER OR THIRD-PARTY SERVICE WILL PERFORM AS EXPECTED
YOU ASSUME RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE AND ITS OUTPUTS ARE APPROPRIATE FOR YOUR BUSINESS PURPOSES.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAMPTON EMPIRE LLC AND ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, DATA PROVIDERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:
- •INDIRECT DAMAGES
- •INCIDENTAL DAMAGES
- •SPECIAL DAMAGES
- •CONSEQUENTIAL DAMAGES
- •EXEMPLARY DAMAGES
- •PUNITIVE DAMAGES
- •LOST PROFITS
- •LOST REVENUE
- •LOST SALES
- •LOST DATA
- •LOST BUSINESS OPPORTUNITIES
- •BUSINESS INTERRUPTION
- •LOSS OF GOODWILL
- •ADVERTISING LOSSES
- •PRODUCT-TESTING LOSSES
- •THIRD-PARTY CLAIMS ARISING FROM YOUR BUSINESS ACTIVITIES
(A) THE AMOUNT YOU ACTUALLY PAID TO VALIDDS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE NOT PAID VALIDDS DURING THAT PERIOD.
Nothing in these Terms excludes liability that applicable law does not permit the Company to exclude.
20. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Hampton Empire LLC and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, demands, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys' fees, arising from or related to:
- •Your use of the Service
- •Your violation of these Terms
- •Your violation of applicable law
- •Your violation of third-party rights
- •Products you sell or attempt to sell
- •Your store
- •Your supplier relationships
- •Your advertising or marketing
- •Your use or modification of third-party creatives or other downloaded content
- •Intellectual-property, copyright, trademark, publicity, music, endorsement, or related claims resulting from your use of third-party material
- •Your use of EcomBos
- •Your use of suppliers, marketplaces, or other third-party services linked from ValidDs
21. Changes to These Terms
We may update these Terms and will identify each published version and its effective date. Where required by applicable law or our existing agreement with you, we will provide notice before changes take effect.
When we require explicit acceptance, we present the identified Terms version and an initially unchecked acceptance box. You must affirmatively accept that version before continuing to use the affected Service functionality after the notified enforcement date. We record acceptance against the version shown. Signing in, viewing a notice or dismissing a message does not record acceptance.
If you do not agree, you may stop using the Service and cancel your subscription. While acceptance is outstanding, you retain access to the Terms and Privacy Policy, subscription and account information, cancellation, account closure, available privacy downloads and sign-out. Other product functionality, billing settings, payment history and checkout remain restricted until acceptance. We do not condition applicable privacy rights or cancellation on accepting revised Terms.
To stop future subscription renewals, use the available cancellation controls or the applicable Shopify cancellation process and confirm the subscription status. Do not assume that signing out, declining revised Terms or merely submitting an account-closure request cancels a subscription. If you cannot complete cancellation or account closure, contact support@validds.com. Cancellation and refunds remain subject to Section 14. Account closure does not necessarily erase every related record; retention and applicable deletion obligations are described in Section 15 and our Privacy Policy.
Privacy Policy updates do not, by themselves, record acceptance of a new Terms version or consent to unrelated processing.
22. Governing Law and Dispute Resolution
A. Governing Law
These Terms and disputes arising out of or relating to the Terms or Service are governed by the laws of the State of Texas, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
B. Federal Arbitration Act
The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement.
C. Informal Dispute Resolution
Before starting arbitration, the party raising a dispute must provide written notice describing the dispute, relevant facts, and the relief requested. Notices to the Company must be sent to the address in Section 24. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the notice is received.
D. Binding Individual Arbitration
Except for disputes expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will be seated in Dallas County, Texas. Hearings may occur by telephone, videoconference, document submission, or in person, as permitted by the applicable rules.
E. Class Action Waiver
YOU AND THE COMPANY AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION AGAINST THE OTHER EXCEPT WHERE APPLICABLE LAW DOES NOT PERMIT THIS WAIVER.
The arbitrator may not consolidate claims of multiple individuals except as expressly provided in the coordinated-filing provision below.
F. Coordinated Filings
If twenty-five (25) or more substantially similar arbitration demands are submitted against the Company within a ninety (90) day period by or with assistance from the same or coordinated counsel, the demands may be administered in sequential batches of no more than fifty (50). The parties will cooperate in good faith regarding the administration and scheduling of those batches. Applicable limitation periods will be tolled for demands awaiting administration in a batch.
G. Arbitration Costs
For arbitration initiated by you, you will not be required to pay more than the filing fee that would apply in the court that otherwise could hear the claim or the applicable consumer filing fee imposed by the arbitration administrator, whichever is lower. The Company will pay the remainder of the administrator and arbitrator fees to the extent required by the applicable rules or law. The Company will not seek attorneys' fees from you unless an arbitrator determines that a claim was frivolous or brought for an improper purpose.
H. Exceptions
Either party may:
- •Bring an eligible individual claim in small claims court
- •Seek temporary or preliminary injunctive relief to protect intellectual property, confidential information, or security
- •Seek judicial relief necessary to compel arbitration, appoint an arbitrator, or confirm, modify, or vacate an arbitration award
For those proceedings, the parties consent to jurisdiction and venue in the state and federal courts located in Dallas County, Texas.
I. Arbitration Opt-Out
You may opt out of the arbitration provisions in this Section by sending written notice within thirty (30) days after the date you first accept these Terms.
Your notice must include your full name, the email address associated with your ValidDs account, and a clear statement that you are opting out of arbitration.
Send the notice to:
Hampton Empire LLC
d/b/a ValidDs
Dallas, Texas 75219
Attn: Legal: Arbitration Opt-Out
Opting out of arbitration will not affect the remaining provisions of these Terms.
J. Jury Trial Waiver
TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND HAMPTON EMPIRE LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
K. Time to Bring Claims
To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Service must be commenced within two (2) years after the claim accrues. Where applicable law requires a longer period, that law controls.
23. General
24. Contact
For questions regarding these Terms:
Emailsupport@validds.com
Hampton Empire LLC
d/b/a ValidDs
Dallas, Texas 75219
Attn: Legal
Copyright notices under Section 12 and arbitration opt-out notices under Section 22 must be sent to the applicable address stated above.