About These Terms

These Terms and Conditions apply to the website, communications, professional services, digital services, projects, deliverables, and other business activities provided by Aktive Online LLC (“Aktive Online,” “we,” “us,” or “our”).

“Client,” “you,” and “your” refer to the individual, company, organization, or other entity accessing our website, requesting information, purchasing services, or entering into a business relationship with us.

These Terms should be read together with any applicable proposal, quotation, statement of work, invoice, order confirmation, subscription terms, or separately signed agreement.

If a separately signed written agreement expressly conflicts with these Terms, the specific provisions of that agreement will control for the applicable engagement.

Eligibility and Business Use

Our services are primarily intended for businesses, entrepreneurs, merchants, organizations, and individuals acting for commercial or professional purposes.

You must have legal capacity to enter into an agreement with us. If you are acting for a company or other organization, you represent that you are authorized to act on its behalf.

Nothing in these Terms limits any legal rights that cannot lawfully be waived or excluded under applicable law.

Our Services

Aktive Online provides eCommerce, development, marketing, optimization, payment-setup, and related digital services. Depending on the engagement, these may include:

• Shopify store design, development, customization, and optimization.
• WordPress and WooCommerce website development.
• Landing pages, store redesigns, integrations, and technical improvements.
• Website speed, performance, security, and conversion optimization.
• Google Ads, Meta Ads, and TikTok Ads management.
• Email marketing and conversion-rate optimization.
• Advertising strategy, tracking, testing, reporting, and campaign optimization.
• Shopify Payments setup and configuration assistance.
• Stripe, PayPal, and supported third-party payment gateway integration.
• Payment verification and troubleshooting assistance.
• Ready-to-launch or preconfigured Shopify stores.
• Business, eCommerce, growth, and technical consulting.

Services included in a particular engagement are limited to those specified in the applicable proposal, quotation, invoice, written confirmation, or agreement.

Proposals, Scope and Changes

Our proposals and quotations are prepared based on the requirements and information available when they are issued.

Unless specifically included in writing, a project price does not automatically include additional pages, features, integrations, revisions, advertising spend, software subscriptions, premium plugins, paid applications, hosting, domains, third-party services, content creation, or work requested after the original scope is approved.

A project may be considered accepted when you approve our proposal or quotation, make a required payment, sign an agreement, or otherwise authorize us in writing to begin work.

Changes in Scope

Requests that materially change the approved requirements may be treated as additional work. This includes new functionality, additional pages, substantial redesigns, additional advertising channels, new integrations, or other work not reasonably included in the original scope.

We may provide an additional quotation, revised timeline, or updated scope before performing such work.

Client Responsibilities

Our ability to deliver services depends on timely and accurate cooperation from the client.

You are responsible for:

• Providing accurate requirements and business information.
• Providing requested content, branding, products, prices, images, policies, and other materials.
• Providing timely approvals and feedback.
• Providing access to websites, hosting, domains, stores, analytics, advertising accounts, or other systems where required.
• Maintaining valid subscriptions, licenses, accounts, and payment methods required for your project.
• Reviewing deliverables and notifying us of material issues within the applicable review period.
• Ensuring that your business, products, services, content, marketing claims, and commercial activities comply with applicable law.
• Ensuring that information and documentation provided to us or third-party platforms is genuine, complete, current, and accurate.

Account Access and Credentials

Some services require access to client-controlled websites, Shopify stores, WordPress installations, advertising accounts, hosting, domains, analytics tools, payment platforms, or other systems.

By providing or approving access, you authorize us to access and make changes to those systems only as reasonably necessary to perform the agreed services.

Where possible, clients should provide collaborator access, staff accounts, delegated permissions, or other role-based access rather than sharing primary passwords.

You remain responsible for controlling your accounts, maintaining appropriate security, and removing our access when it is no longer required.

Fees, Invoices and Payments

The applicable fees and payment schedule will be stated in the relevant proposal, quotation, invoice, order, or agreement.

Depending on the project, we may require an advance payment, deposit, milestone payment, recurring payment, or full payment before work begins or before final delivery.

Unless otherwise agreed in writing:

• Invoices must be paid by their stated due date.
• Outstanding amounts may result in work or support being paused.
• Final deliverables may be withheld until amounts due for the applicable work are paid.
• Clients are responsible for applicable transfer, processing, banking, or payment-provider charges.
• Applicable taxes or governmental charges may be added where required by law.

Third-Party Costs and Advertising Spend

Unless specifically stated as included, our professional fees do not include third-party expenses.

• Advertising spend paid to Google, Meta, TikTok, or other advertising platforms.
• Shopify or other platform subscription fees.
• Website hosting and domain registration or renewal.
• Premium themes, plugins, applications, extensions, or software.
• Payment gateway and transaction fees.
• Email, CRM, analytics, automation, or other software subscriptions.
• Fonts, stock assets, photography, video, or licensed content.

Unless otherwise agreed, these costs are payable directly by the client to the relevant provider.

Project Timelines and Client Delays

Any project timeline is based on the agreed scope and information available when the estimate is provided.

We make reasonable efforts to meet agreed schedules, but timelines may change because of scope changes, delayed client feedback, missing materials, delayed approvals, third-party platform issues, technical complications, or circumstances outside our reasonable control.

If required information, access, feedback, or approval is delayed, the delivery schedule may be extended accordingly.

Projects that remain inactive because of client delay may be paused. Resumption will be subject to our current availability and may require a revised schedule.

Delivery, Testing and Post-Delivery Support

We will deliver the agreed work according to the relevant project scope. Clients are responsible for reviewing and testing deliverables and reporting material issues within any review period specified in the proposal or agreement.

Included revisions, warranty periods, maintenance, training, ongoing support, updates, backups, monitoring, or post-launch services apply only when specifically included in the applicable scope.

After handover, we are not responsible for problems caused by client modifications, third-party developers, plugin or application updates, platform changes, hosting changes, malware, expired licenses, removed integrations, or other changes outside our control.

Performance Marketing and Advertising Services

Where we provide advertising or performance-marketing services, we may assist with strategy, campaign creation, audience targeting, tracking, creative testing, optimization, reporting, budget recommendations, and related services.

The client remains responsible for the products and services being advertised and for the truthfulness, legality, substantiation, and regulatory compliance of claims relating to those products or services.

Advertising results depend on numerous factors outside our control, including competition, pricing, market demand, website quality, products, margins, customer behavior, budgets, algorithms, platform rules, creative performance, and economic conditions.

Unless expressly guaranteed in a separately signed written agreement, we do not guarantee any specific:

• Revenue or profit.
• Number of sales, leads, orders, or customers.
• Return on advertising spend or return on investment.
• Cost per acquisition or conversion rate.
• Traffic, impressions, engagement, or ranking.
• Advertising-account approval or continued platform access.

Historical results, case studies, forecasts, projections, and examples are not guarantees of future performance.

Shopify Payments and Payment Gateway Services

Aktive Online may provide technical assistance, configuration, integration, troubleshooting, and verification guidance relating to Shopify Payments, Stripe, PayPal, local payment methods, and other supported payment providers.

Aktive Online is not a bank, payment processor, card network, financial institution, or payment-provider underwriting authority. We do not control a payment provider's eligibility, verification, risk, approval, reserve, payout, suspension, termination, or account-review decisions.

Accurate Business and Identity Information

Clients must provide truthful, accurate, current, and complete information about their identity, business, ownership, location, products, banking details, tax information, and any other information requested by a payment provider.

We do not provide services for the purpose of falsifying business information, disguising ownership, bypassing eligibility requirements, circumventing geographic restrictions, misleading verification systems, or violating a payment provider's rules.

Verification and Approval

We may help you understand requirements, prepare configurations, identify requested information, and troubleshoot technical issues. However, all final approval and continued account eligibility are determined by the relevant third-party provider.

Ready-to-Launch and Preconfigured Stores

Where you purchase a ready-to-launch, preconfigured, or prepared Shopify store, the exact items included will be those specified in the applicable offer, quotation, or written confirmation.

A store may include design, theme configuration, applications, products, settings, payment configuration, or other setup work as specifically described.

Store ownership will be transferred only through methods permitted by Shopify or the relevant platform.

Payment accounts, merchant accounts, banking relationships, tax registrations, business identities, and third-party financial services are separate from ownership of a Shopify store and remain subject to the applicable provider's rules.

Where ownership or business information changes, the client may be required to update account-representative information, business details, billing information, payout accounts, tax information, documentation, or other records and may be required to complete new verification.

Unless expressly included in writing, the client is responsible after handover for platform subscriptions, application fees, domain fees, taxes, payment-provider requirements, ongoing compliance, security, maintenance, products, fulfillment, customer service, and store operations.

We do not guarantee uninterrupted payment processing or continued third-party approval after a store has been transferred or handed over.

Third-Party Platforms and Services

Our services frequently interact with third-party platforms such as Shopify, WordPress, WooCommerce, Meta, Google, TikTok, Stripe, PayPal, hosting companies, domain registrars, plugins, applications, analytics tools, and other external services.

These services are independently operated. We do not control their availability, pricing, policies, algorithms, APIs, eligibility requirements, verification procedures, technical changes, account decisions, outages, security measures, or future functionality.

Your use of those services is governed by your separate relationship with the relevant third party.

Aktive Online is not responsible for losses arising solely from third-party outages, platform changes, account restrictions, suspensions, closures, rejected applications, payment holds, algorithm changes, or discontinued functionality outside our reasonable control.

Intellectual Property

Client-Owned Materials

You retain ownership of trademarks, logos, content, photographs, product information, data, and other materials owned by you and provided for use in a project.

Custom Deliverables

Subject to full payment, rights in final custom deliverables will be transferred or licensed as stated in the applicable agreement or project scope.

Our Pre-Existing Materials

Aktive Online retains ownership of its pre-existing know-how, processes, development methods, code libraries, internal tools, templates, reusable components, systems, workflows, documentation, and intellectual property developed independently of a particular client project.

Where such materials are incorporated into a deliverable, the client receives the rights reasonably required to use the finished deliverable for its intended purpose unless otherwise agreed.

Third-Party Materials

Themes, plugins, software, fonts, images, applications, libraries, and other third-party materials remain subject to the licenses and terms imposed by their respective owners.

Client Content, Rights and Legal Compliance

By supplying content or materials to us, you represent that you own them or have sufficient permission to authorize their use in the project.

You grant Aktive Online a limited license to access, copy, edit, reproduce, process, upload, or otherwise use those materials as reasonably necessary to perform the agreed services.

You are responsible for your products, services, product claims, pricing, refund practices, shipping terms, customer agreements, intellectual property, tax obligations, required licenses, and regulatory compliance.

Unless legal or regulatory compliance work is specifically included in the project scope, our development or marketing services do not constitute legal, tax, accounting, regulatory, or financial advice.

Confidentiality

During an engagement, either party may receive confidential or non-public information belonging to the other.

We will take reasonable measures to protect confidential information entrusted to us and will use it only for purposes reasonably connected with providing services, managing the client relationship, complying with law, or as otherwise authorized.

Confidentiality obligations do not apply to information that is publicly available through no breach of obligation, lawfully known before disclosure, independently developed, lawfully obtained from another source, or required to be disclosed by law.

Privacy and Data Protection

Our handling of personal information through our own website and business operations is described in our Privacy Policy .

Where we access customer, visitor, employee, advertising, analytics, or other personal data solely on behalf of a client, the client remains responsible for determining its own applicable privacy and data protection obligations.

Clients are responsible for ensuring that they have appropriate privacy notices, consents, cookie controls, lawful bases, policies, and permissions where required for their own websites, marketing activities, customer information, and systems.

Where appropriate, additional data-processing terms may be entered into separately.

Cancellation, Suspension and Termination

Specific cancellation or termination arrangements contained in an applicable proposal, order, subscription, or agreement will apply to that engagement.

We may reasonably suspend work or access to services where:

• Required payments are materially overdue.
• The client fails to provide information or cooperation required to continue the project.
• Continuing the work would create a material legal, security, fraud, compliance, or reputational risk.
• The client requests activity that violates applicable law or third-party platform rules.
• The client materially breaches the applicable agreement.

Either party may terminate an engagement where permitted by the applicable agreement.

Termination does not remove the client's obligation to pay for work already completed, approved milestones, resources already committed, or non-recoverable third-party costs properly incurred before termination.

Refunds

Any service-specific refund terms stated in a proposal, order, quotation, or written agreement will apply.

Because our services may involve professional time, strategy, development, design, technical configuration, reserved capacity, and third-party costs, refund eligibility depends on the stage of the engagement and the work or costs already incurred.

Unless otherwise agreed in writing or required by applicable law, amounts attributable to completed services, completed milestones, transferred or delivered digital work, advertising spend, non-recoverable third-party costs, purchased licenses, and other expenses already incurred are not refundable.

Nothing in this section limits any mandatory refund or consumer right that cannot legally be excluded.

Disclaimer of Warranties

We aim to provide our services professionally and with reasonable care and skill.

Except for warranties expressly stated in a written agreement, and to the maximum extent permitted by law, our website and services are provided without additional express or implied warranties.

We do not guarantee that a website, store, integration, application, advertisement, campaign, payment service, or third-party platform will operate indefinitely without interruption, error, incompatibility, policy change, or external disruption.

No statement in these Terms excludes rights or warranties that cannot legally be excluded.

Limitation of Liability

To the maximum extent permitted by applicable law, Aktive Online LLC, its owners, personnel, contractors, and representatives will not be liable for indirect, special, incidental, exemplary, punitive, or consequential losses arising from or relating to the website or our services.

This includes, where legally permitted, losses relating to lost profits, lost revenue, loss of business opportunity, loss of data, loss of goodwill, advertising performance, third-party platform restrictions, payment-provider decisions, service interruptions, or events outside our reasonable control.

To the maximum extent permitted by applicable law, our total aggregate liability arising from a particular service or engagement will not exceed the amount actually paid to Aktive Online for the specific services giving rise to the claim.

These limitations do not apply where liability cannot lawfully be excluded or limited.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Aktive Online LLC and its personnel from third-party claims, liabilities, losses, damages, and reasonable expenses arising from:

• Content, products, information, documents, or materials supplied by you.
• Your infringement of intellectual property or other third-party rights.
• False, inaccurate, misleading, or unauthorized information supplied by you.
• Your products, business operations, customer relationships, or advertising claims.
• Your unlawful or prohibited use of our services.
• Your violation of applicable law or third-party platform terms.
• Your material breach of these Terms or another applicable agreement.

Prohibited and Unlawful Use

Our services may not knowingly be used to facilitate fraudulent, unlawful, deceptive, infringing, abusive, malicious, or unauthorized activity.

You may not ask us to:

• Provide false information to a bank, payment provider, platform, customer, or authority.
• Falsify business, identity, ownership, banking, tax, or verification information.
• Bypass platform eligibility, geographic, verification, or compliance requirements.
• Gain unauthorized access to another person's account or system.
• Distribute malware or malicious software.
• Infringe intellectual property rights.
• Promote prohibited products or unlawful commercial activity.
• Engage in fraudulent or materially deceptive advertising practices.

We reserve the right to refuse, pause, or terminate work that we reasonably believe would violate law, these Terms, or applicable third-party platform requirements.

Events Outside Our Reasonable Control

We will not be responsible for delay or failure to perform caused by circumstances outside our reasonable control.

These circumstances may include natural disasters, war, civil unrest, governmental action, widespread internet or telecommunications failures, power outages, cyber incidents affecting third parties, platform outages, labor disruptions, major third-party system changes, or similar events beyond our reasonable control.

Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles, except where mandatory applicable law requires otherwise.

If a dispute arises, the parties are encouraged to first attempt to resolve it through reasonable good-faith communication.

Subject to mandatory rights or jurisdictional requirements that may apply, disputes arising from these Terms or our services may be brought before a court of competent jurisdiction in Wyoming, United States.

General Legal Terms

Entire Agreement

These Terms, together with any applicable proposal, quotation, statement of work, invoice, order, privacy policy, and separately signed agreement, form the agreement governing the applicable relationship between you and Aktive Online.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law.

No Waiver

A failure or delay in enforcing a provision of these Terms does not waive the right to enforce that provision later.

Assignment

You may not transfer an active service agreement to another person or entity without our consent where the transfer would materially affect the engagement. We may assign our rights or obligations as part of a legitimate corporate restructuring, merger, acquisition, or transfer of our business, subject to applicable law.

Independent Contractor

Unless expressly agreed otherwise, Aktive Online provides services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship, or agency between the parties.

Electronic Communications

You agree that project approvals, notices, confirmations, and other business communications may be provided electronically, including through email and other agreed communication channels.

Changes to These Terms

We may update these Terms periodically to reflect changes to our services, website, business practices, technology, or legal and operational requirements.

The latest version will be published on our website with an updated effective or revision date.

An update to these website Terms will not automatically replace specifically negotiated provisions contained in an existing signed agreement unless the parties agree otherwise or applicable law provides otherwise.

Contact Us

If you have questions about these Terms and Conditions, a project, payment, order, or service, please contact us.