Terms of Service
Last updated: September 29, 2026
These Terms of Service ("Terms") are a binding agreement between DIFVISION S.A.S., a company organized under the laws of Ecuador, RUC 1191797225001, with registered address at Av. Padre Eliseo Arias Carrión y Paraguay, Catamayo (La Toma), cantón Catamayo, provincia de Loja, Ecuador ("Primiox", "we", "us", "our"), and the person or entity that creates an account or uses the Service ("you", "Merchant", "your").
By creating an account, clicking "I agree", or using the Service, you accept these Terms. If you are accepting on behalf of a company, you represent that you are authorized to bind it. If you do not agree, do not use the Service.
1. Definitions
- Service / Platform — the Primiox hosted software for building and operating online stores and physical-store point-of-sale, together with the admin, storefront, APIs, websites and related services.
- Merchant Content — everything you upload, create or configure: products, images, text, prices, store design, and data about your own customers ("Shoppers").
- Shopper — an end customer who buys from, or interacts with, your store.
- Third-Party Services — services not operated by us that the Platform connects to or relies on, including payment processors, hosting, email, analytics and shipping.
- Fees — subscription and any usage or add-on charges for the Service.
2. The Service and licence
2.1 Subject to these Terms and payment of Fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purpose of operating your store(s) during your subscription.
2.2 We may update, improve, add or remove features at any time. We will try to avoid materially reducing core functionality without notice, but the Service is provided on an evolving basis.
2.3 The Service is software-as-a-service. We do not sell you a copy of the software, and no rights are granted except as expressly stated.
3. Accounts, eligibility and security
3.1 You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract. The Service is a business tool intended for businesses and adults; it is not directed to children. You must provide accurate registration information and keep it current.
3.2 You are responsible for all activity under your account and for keeping credentials secure. Notify us promptly at contact@difvision.com of any suspected unauthorized use. You are responsible for your team members' and users' acts and omissions.
3.3 We may verify your identity and business and may refuse, suspend or terminate accounts at our discretion, including where required by law or a Third-Party Service.
3.4 Minors. The Service is not intended for anyone under 18. We do not knowingly permit minors to create accounts or transact; if we learn that a minor has registered, we may suspend or terminate the account and delete related data. If you allow a minor to use your account or your store, you are fully responsible for that use. Whether Shoppers on a Merchant's storefront may be minors, and any consents that requires, are the Merchant's responsibility.
4. Merchant responsibilities (you are responsible for your store)
This is the core allocation of risk. You — not Primiox — are responsible for your business and your Shoppers. You represent, warrant and agree that:
4.1 Legal operation. You will operate your store in compliance with all applicable laws, including consumer-protection, advertising, product-safety, e-commerce, sanctions and export laws in every jurisdiction where you sell.
4.2 Your products and content. You are solely responsible for your products, their descriptions, pricing, availability, legality, safety and fulfilment, and for all Merchant Content. You warrant you have all rights to it and that it does not infringe third-party rights or violate any law or the Acceptable Use Policy.
4.3 Your Shoppers. The contract of sale for any order is between you and your Shopper. Primiox is not a party to it, is not the seller or merchant of record, and is not responsible for your products, orders, delivery, returns, refunds, warranties or customer service. You are the data controller of your Shoppers' personal data (see the Privacy Policy and DPA).
4.4 Taxes. You are solely responsible for determining, collecting, reporting and remitting all taxes (VAT/IVA, sales, income and others) arising from your sales. Any tax features in the Platform are tools only and are not tax advice; you must verify them.
4.5 Payments and chargebacks. Payments are processed by Third-Party Services under your own agreement with them. You are responsible for chargebacks, refunds, disputes, fraud losses and any fees or reserves those providers impose. Primiox does not hold your funds and is not liable for the acts, fees, holds or failures of any payment provider.
4.6 Consents and notices. You are responsible for giving your Shoppers all legally required notices and for obtaining all required consents (including for data processing, marketing and cookies on your storefront).
4.7 Your own legal documents. You are responsible for your store's own terms, privacy policy, refund and shipping policies. Primiox's documents cover the Platform, not your store.
5. Fees, billing, renewals and refunds
5.1 You will pay the Fees for your plan. Unless stated otherwise, Fees are stated exclusive of taxes; you are responsible for applicable taxes on your subscription.
5.2 Subscriptions renew automatically for the same period until cancelled. You authorize us (and our payment processor) to charge your payment method for each renewal.
5.3 You can cancel at any time; cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law or expressly stated in the Subscription Terms.
5.4 We may change Fees on renewal with prior notice. If you do not accept a change, you may cancel before it takes effect.
5.5 If a payment fails, we may suspend or downgrade the Service until it is resolved.
6. Third-Party Services
6.1 The Platform integrates with Third-Party Services. Your use of them is governed by their own terms and privacy policies, and they are responsible for their own services.
6.2 We do not control and are not responsible for Third-Party Services, their availability, security, fees, or any loss arising from them. We may add, change or remove integrations at any time.
7. Intellectual property
7.1 We own the Platform. All rights, title and interest in the Service, software, designs, "Primiox" and "Difvision" marks, and all related IP are and remain ours. Except for the limited licence in §2, no rights are granted to you.
7.2 You own your Merchant Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, display and transmit Merchant Content solely to provide and improve the Service and as needed to operate your store.
7.3 Feedback. If you send suggestions, we may use them without restriction or obligation.
7.4 You may not copy, modify, reverse-engineer, resell, or create derivative works of the Platform, or use it to build a competing product.
7.5 Merchant Content, licences and takedown. You are solely responsible for the Merchant Content you upload — including images, photographs, fonts, logos, text, video, music and other assets — and you represent and warrant that you own it or hold every licence and permission needed to use it on the Service and in your store. Primiox does not create, select, license, review or endorse Merchant Content and has no obligation to monitor it. We act only as a neutral hosting provider. If a rights holder or anyone else notifies us that Merchant Content infringes their intellectual-property or other rights, or is otherwise unlawful, we may remove or disable that content and/or suspend the store at our discretion and without liability to you, and you remain responsible for any resulting claims, fees, damages or losses. Send infringement notices and counter-notices to contact@difvision.com with enough detail to identify the work, the allegedly infringing material and your contact information; we follow a notice-and-takedown process consistent with applicable law — including the U.S. DMCA where it applies — and may terminate repeat infringers. Your indemnity in §13 expressly covers claims arising from Merchant Content.
8. Data protection and privacy
8.1 Our handling of personal data is described in the Privacy Policy. Where we process your Shoppers' personal data on your behalf, the Data Processing Addendum ("DPA") applies and forms part of these Terms; there you are the controller and we are the processor.
8.2 You are responsible for the lawfulness of the Shopper data you collect and instruct us to process.
9. Acceptable use
You will comply with the Acceptable Use Policy, which is incorporated by reference. We may suspend or terminate the Service, or remove content, for violations, including where a Third-Party Service requires it.
10. Confidentiality
Each party may access the other's non-public information. The receiving party will protect it with reasonable care and use it only to perform under these Terms, except where disclosure is legally required.
11. Disclaimer of warranties
11.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability.
11.2 We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will meet your requirements, or that data will not be lost. You are responsible for maintaining your own backups where practical.
11.3 Any tax, legal, compliance, analytics or business information the Platform surfaces is provided for convenience only and is not professional advice.
12. Limitation of liability
12.1 To the maximum extent permitted by law, Primiox and its owners, directors, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunity, or Shopper claims, arising out of or related to the Service, even if advised of the possibility.
12.2 Our total aggregate liability for all claims arising out of or related to these Terms or the Service will not exceed the total Fees you paid to us in the twelve (12) months immediately before the event giving rise to the claim.
12.3 These limitations apply to all theories of liability and are a fundamental basis of the bargain. Some jurisdictions do not allow certain exclusions; in that case the exclusions apply to the extent permitted.
13. Indemnification
You will defend, indemnify and hold harmless Primiox, DIFVISION S.A.S. and its owners, directors and employees from and against any claim, demand, loss, liability, damage, fine or expense (including reasonable legal fees) arising out of or related to: (a) your Merchant Content, products or store; (b) your sales to and dealings with Shoppers, including their personal data, chargebacks, refunds, and product or consumer claims; (c) your taxes; (d) your breach of these Terms, the AUP or any law; and (e) your use of Third-Party Services.
14. Term, suspension and termination
14.1 These Terms apply while you use the Service or have an account.
14.2 We may suspend or terminate immediately if you breach these Terms or the AUP, fail to pay, create risk or legal exposure for us, or if required by law or a Third-Party Service.
14.3 You may terminate by cancelling and closing your account.
14.4 On termination: your right to use the Service ends; we may delete your data after a reasonable period (see the Privacy Policy/DPA); Fees already due remain payable. Sections that by nature survive (including 4, 7, 11–13, 15–16) survive termination.
14.5 You are responsible for exporting your data before termination where an export tool is provided.
15. Changes to the Service and to these Terms
We may modify these Terms. We will post the updated Terms and update the "Last updated" date, and for material changes give reasonable notice (e.g. by email or in-app). Continued use after changes take effect means you accept them.
16. Governing law and dispute resolution
16.1 These Terms are governed by the laws of the Republic of Ecuador, without regard to conflict-of-laws rules.
16.2 The parties will first try to resolve any dispute in good faith. Failing that, disputes will be submitted to the competent courts of the city of Loja, Ecuador, and the parties expressly submit to that jurisdiction, waiving any other forum.
16.3 Users outside Ecuador. Primiox operates internationally, including in Ecuador and the United States, and may serve users in the European Economic Area, the United Kingdom and other regions. Nothing in this section deprives a consumer of the protection of the mandatory laws of the country where they habitually reside, and we honor the data-protection and consumer rules that apply to you under your local law (see the Privacy Policy). This governing-law and forum choice applies to the fullest extent those mandatory local rules permit.
16.4 To the extent permitted, each party waives any right to a class or representative action.
17. General
17.1 Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
17.2 Entire agreement. These Terms, the Privacy Policy, DPA, AUP and Subscription Terms are the entire agreement and supersede prior agreements on this subject.
17.3 Severability. If any provision is unenforceable, the rest remains in effect and the provision is limited to the minimum extent necessary.
17.4 No waiver. Our failure to enforce a right is not a waiver.
17.5 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control (including outages of Third-Party Services, internet failures, natural events, or governmental actions).
17.6 Notices. We may give notice by email or in-app. Notices to us go to contact@difvision.com.
17.7 Relationship. The parties are independent contractors; nothing creates a partnership, agency or employment relationship.
18. Who we are / Contact
The Primiox platform is owned and operated by DIFVISION S.A.S. (RUC 1191797225001), a company incorporated in Ecuador, legally represented by Diego Patricio Vicente Cabrera, with registered address at Av. Padre Eliseo Arias Carrión y Paraguay, Catamayo (La Toma), cantón Catamayo, provincia de Loja, Ecuador.
Contact: contact@difvision.com · difvision.com