Legal & Policies
Terms of Service
1. Who We Are
Your Shop Space ("Your Shop Space," "we," "us," "our") is a website and business-tools service operated by Kinetic Path Media, LLC, a Tennessee limited liability company based in Medina, Tennessee. "Your Shop Space" is a trade name of Kinetic Path Media, LLC; all references in these Terms to "Your Shop Space" mean Kinetic Path Media, LLC.
These Terms of Service (the "Terms") govern your access to and use of the Your Shop Space websites, applications, and services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
If you use the Service on behalf of a business or other organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.
2. The Service
Your Shop Space lets you build and host a website and turn on optional tools such as pages, a calendar and booking, memberships, forms, waivers, a document library, a newsletter, and staff and business-hours pages.
- Plans. We offer a free plan and one or more paid plans. Our pricing page describes the features, limits, and prices of each plan, which may change as described in Section 6.
- Free plan. The free plan includes a limited set of features and a "Powered by Your Shop Space" link in your site's footer. It is provided at no charge and with no commitment from either party.
- Beta and new features. We may label features as beta, preview, or experimental. Those are provided "as is," may change or be withdrawn, and may carry additional terms.
- Changes to the Service. We may add, change, or remove features. We will not make a change that materially reduces the core functionality of a paid plan during a billing period without offering you a pro-rated refund of the unused portion or a comparable alternative.
3. Your Account
- You must be at least 18 years old and able to form a binding contract.
- You must provide accurate account information and keep it up to date.
- You are responsible for all activity under your account, for the security of your login credentials, and for any users you invite to your site.
- Notify us promptly at [email protected] of any unauthorized use of your account.
4. Acceptable Use
You are responsible for everything published, collected, sent, or stored through your site. You agree not to use the Service to:
4.1 Prohibited content and conduct
- Violate any law or regulation, or infringe anyone's intellectual property, privacy, or other rights.
- Publish or transmit content that is defamatory, harassing, threatening, hateful, or that promotes violence or discrimination.
- Publish sexually explicit material, or operate adult-content or escort services.
- Operate gambling, lottery, or games-of-chance services; sell firearms, ammunition, explosives, or regulated weapons in violation of applicable law; or sell controlled substances, tobacco, or vaping products in violation of applicable law.
- Distribute malware, run phishing or credential-harvesting pages, or attempt to gain unauthorized access to any system.
- Send unsolicited bulk or commercial email ("spam"), or send newsletters to recipients who have not opted in. All newsletter recipients must have confirmed their subscription, and every message must include a working unsubscribe link.
- Place an unreasonable load on our infrastructure, resell or white-label the Service, or use it to build a competing product.
4.2 No patient care or protected health information
The Service is not designed for, and you may not use it to operate, support, document, or facilitate the delivery of patient care, clinical or diagnostic services, medical or behavioral-health treatment, or the intake, scheduling, or record-keeping of patients.
You may not use the Service to collect, store, or transmit Protected Health Information ("PHI") as defined by the Health Insurance Portability and Accountability Act ("HIPAA"). Your Shop Space is not a HIPAA Business Associate, does not enter into Business Associate Agreements, and its infrastructure is not configured for PHI.
Wellness, fitness, yoga, and similar businesses are welcome. The line is patient care and clinical practice: if your site functions as a medical, dental, chiropractic, therapy, counseling, or similar clinical practice — or if it collects information that would constitute PHI — it is outside the scope of the Service.
If we determine, in our reasonable discretion, that your use falls within this section, we may suspend or terminate your account immediately, with or without prior notice. We will make reasonable efforts to let you export your data as described in Section 8.
4.3 Enforcement
We may investigate suspected violations and may remove content, suspend features, or suspend or terminate your account. Where practical and not legally or operationally prohibited, we will notify you and allow you to cure. Repeated or severe violations may result in immediate termination without refund.
5. Content and Intellectual Property
5.1 Your content
You retain all ownership of the text, images, and other material you upload or create ("Your Content"), and of the data your site collects from its visitors ("Visitor Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and display), and transmit Your Content and Visitor Data solely to operate, secure, back up, and support the Service. This license ends when the content is deleted from the Service, except for residual copies in routine backups, which are purged on our normal cycle.
You represent that you have all rights necessary to grant this license and that Your Content does not violate Section 4.
5.2 Our property
We own the Service, including its software, design, templates, and the "Your Shop Space" and "Kinetic Path Media" names and logos, and intellectual property laws protect it. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription. You may not copy, modify, reverse engineer, or create derivative works of the Service.
5.3 The "Powered by" link
Sites on the free plan display a "Powered by Your Shop Space" link in the footer. Paid plans may remove it.
5.4 Feedback
If you send us suggestions or feedback, you grant us an unrestricted, perpetual right to use them without obligation to you.
6. Fees, Billing, and Taxes
- We bill paid plans in advance, monthly, through our payment processor (Stripe). By providing a payment method, you authorize us to charge it for all fees when due.
- Free plans carry no charge.
- Price changes. We may change plan pricing on at least 30 days' notice by email. The new price applies at your next renewal after the notice period. If you do not agree, cancel before renewal.
- Failed payments. If a charge fails, we may retry it and will notify you. If payment is not resolved within [10] days, we may suspend paid features; if it is not resolved within [30] days, we may terminate the account and delete its data as described in Section 8.
- Refunds. Except as required by law or expressly stated in these Terms, fees are non-refundable, and we do not offer refunds or credits for partial billing periods or unused features. You may cancel at any time; cancellation takes effect at the end of the current billing period.
- Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes, except taxes on our net income.
7. Your Customers' Payments
If you connect your own Stripe account to accept payments from your site's visitors (for example, class packs or memberships), those transactions are solely between you, your customer, and Stripe. Your Shop Space is not a party to those transactions, does not receive or hold those funds, and is not responsible for them, your pricing, your refunds, or chargebacks. You are responsible for complying with Stripe's terms and with all laws applicable to your sales.
8. Term, Suspension, and Termination
- Term. These Terms apply as long as you use the Service.
- You have a right to cancel. You may cancel at any time from your account settings or by contacting us.
- Our right to suspend or terminate. We may suspend or terminate your account or any part of the Service: (a) for a violation of Section 4; (b) for non-payment; (c) if required by law or to address security, legal, or fraud risk; or (d) for any reason on 30 days' notice.
- Data export window. Unless your account was terminated for a violation involving illegal content or an imminent security or legal risk, we will keep your site's data available for export for [30] days after termination. After that window, we will delete it from active systems; we purge backup copies on our normal cycle (see Privacy Policy).
- Effect of termination. Your license to use the Service ends. Any accrued fees remain payable. Sections that by their nature should survive (including 5.2, 7, 9, 10, 11, 12, and 14) survive termination.
9. Backups and Data Loss
We take routine backups of the Service, but you are responsible for keeping your own copies of Your Content and Visitor Data. We provide export tools for that purpose. Except as stated in the Privacy Policy and subject to Section 11, we are not liable for any data loss or corruption.
Product flag: the marketing site promises data export. Build the member / form-submission / content export before publishing that claim or soften the claim until it exists.
10. Third-Party Services
The Service relies on third parties, including Stripe (payments), Amazon Web Services (email delivery), Cloudflare (DNS, CDN, and security), and a United States–based server hosting provider. Your use of features that depend on them is also subject to those providers' terms. We are not responsible for third-party outages, changes, or actions.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service will meet your requirements. We do not provide legal, tax, or compliance advice; templates and sample text (including waivers and policies) are starting points only and are your responsibility to review.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
12. 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 lost profits, lost revenue, lost data, lost goodwill, or business interruption, even if we were advised of the possibility.
- Our total liability for all claims relating to the Service in any 12 months will not exceed the greater of (a) the fees you paid us for the Service in that period, or (b) US $100.
These limits apply regardless of the theory of liability and even if a remedy fails at its essential purpose. Some jurisdictions do not allow some of these limitations, so parts may not apply to you.
13. Indemnification
You will defend, indemnify, and hold harmless Your Shop Space, Kinetic Path Media, LLC, and their officers, employees, and contractors from any claim, loss, or expense (including reasonable attorneys' fees) arising out of: (a) Your Content or Visitor Data; (b) your use of the Service; (c) your violation of these Terms or any law; (d) your products, services, events, waivers, or transactions with your own customers; or (e) a dispute between you and any of your users or customers.
14. Governing Law and Disputes
- These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules.
- The exclusive venue for any dispute is the state or federal courts located in Gibson County, Tennessee, and you consent to their jurisdiction.
15. Changes to These Terms
We may update these Terms. If a change is material, we will notify you by email or in-app notice at least [15] days before it takes effect. Continued use after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and cancel.
16. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
- Severability. If a provision is unenforceable, the rest stays in effect.
- No waiver. Our failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. We may give notice by email to your account address or by posting in the Service. You may give notice to us at [[email protected]].
17. Contact
Your Shop Space, operated by Kinetic Path Media, LLC, 318 W Church Ave, Medina, TN 38355, [email protected].