Shopify ToS 2023-11-06

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Shopify Consumer Terms of Service https://shop.app/terms-of-service-update

The Terms of Service will take effect on November 6, 2023. You can view the current Terms of Service here.

1. Preamble

1.1. Welcome to Shopify! Shopify helps make it easier for you to shop and manage your purchases and to find products you love. These Terms apply when you access, use or interact with Shopify and our consumer services, including the Shop App, Shop Pay, Shopify features in a Merchant's store, Shopify integrations with your third-party email and shopping providers, or other products, features, tools, and services that we provide to you (“Shopify Consumer Services”).

1.2. These Terms form an agreement between the applicable Shopify entity defined below (“Shopify,” “Shop,” “we,” “our,” or “us”) and you (“you” or “your”) and represent the terms and conditions of your access to and use of the Shopify Consumer Services. The Shopify entity you contract with and providing the Shopify Consumer Services to you together with its affiliates depends on where you live:

    If you live in the United States or Canada, you are contracting with Shopify Inc., a Canadian corporation, with offices located at 151 O'Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8.
    If you live in the Asia Pacific region (including Australia, New Zealand, China, Japan, Singapore), you are contracting with Shopify Commerce Singapore Pte. Ltd, a corporation formed under the laws of Singapore, with offices located at 77 Robinson Road, #13-00 Robinson 77, Singapore 068896.
    If you live in the EMEA region or other jurisdictions not listed above, including Europe and Russia, the Middle East, Africa, South America, Caribbean, or Mexico, you are contracting with Shopify International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, with its registered offices located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH and its website is at https://www.shopify.com/.

1.3. By accessing or using any of the Shopify Consumer Services, you agree to be bound by these Terms.

1.4. Our Consumer Privacy Policy describes how we collect and use your personal information to provide the Shopify Consumer Services, and is part of these Terms and your agreement with Shopify.

2. The Services We Provide To You

2.1. We provide the Shopify Consumer Services to further our mission of making shopping better for everyone, including by helping you:

2.1.1. Connect with Merchants: Shopify helps you discover, browse, and shop at the many merchants who have built their storefronts using Shopify's platform (“Merchants”). Using Shopify Consumer Services, you can browse products and make purchases easily from Merchants around the globe, from their storefront or from the Shop App. You can also see and share product ratings with other Shopify users to help you make informed decisions when you shop.

2.1.2. Experience a simpler, faster shopping experience: Shopify makes it easier for you to make and complete purchases with Merchants, such as by providing Shop Pay, the Shopify accelerated checkout option that you may use to pay for purchases.

2.1.3. Manage your purchases in one place: Shopify provides updates about the status of your purchases from Merchants and makes it possible for you to find and manage details about all of your purchases in one place in our Shop App, such as tracking the location, status, and delivery of items you have purchased, and letting you know when you have received a refund from a Merchant. If you choose to allow Shopify access to third-party email providers and third-party shopping partners you use, Shopify will also provide order updates of items you have purchased, including from non-Merchants.

2.1.4. Find products we think you will love: Shopify customizes your online shopping experience and provides tailored product recommendations to you based on your use of Shopify Consumer Services, including by helping you discover new products, brands, and Merchants.

2.1.5. Continuously improve your shopping experience wherever you shop: Shopify is continuously working to build and improve your shopping experience online and offline and to develop and add new and improved features for you based on how you use our Services.

2.1.6. Participate in promotions or earn rewards - Shopify may provide opportunities for you to participate in promotional offers or to earn rewards through our Shop Rewards Program. If you participate in our Shop Rewards program, the Shop Rewards Terms will apply.

3. Your Commitments and Use of Shopify Consumer Services

3.1. To be eligible to use Shopify, you must be at least eighteen years old or the age of majority in your country of residence. If you are using Shopify Consumer Services, you must be permitted to agree to these Terms under the laws of the country you live in, including having sufficient legal capacity. If you are a parent or guardian who allows your child under 18 to use Shopify Consumer Services on your account, you provide all consents necessary for your child's use of Shopify Consumer Services and agree to be legally responsible for all activity of your child on your account.

3.2. You agree to provide truthful and accurate information about yourself when registering for and using Shopify Consumer Services, including your name and contact information, and you agree to keep this information updated and current.

3.3. You agree to not share your Shopify password with others, give access to your Shopify account to others, or transfer your account to anyone else without our permission. If you think someone knows your account login details or has accessed your account without your permission, you should reset your password. You are solely responsible for the unauthorized use of your credentials. In the event of unauthorized access to your account, you must promptly notify Shopify.

4. Use of Shop Pay

4.1. When you choose to use Shop Pay, you are required to provide account and contact information and to link your Shop Pay account to a valid payment method. You warrant and represent that you are the legal owner of all payment accounts you provide and link to Shop Pay, and that all information you provide when signing up for Shop Pay is truthful, current and accurate.

4.2. Shopify reserves the right to prohibit or restrict your ability to make transactions using Shop Pay at any time for any reason, without notice to you, or to request additional information from you before you can use or continue to use Shop Pay.

4.3. Installment payments on Shop Pay are supported and managed by third-party partner Affirm, and if you choose to pay in installments or to purchase and pay later when using Shop Pay, you are contracting with Affirm and eligibility determinations and repayment of your purchase obligation are governed by Affirm's terms of service, which are presented to you during checkout. Shopify is not a party to any agreement between you and Affirm, and expressly disclaims all liability with respect to such agreements.

5. License, Prohibitions and Restrictions

5.1. Shopify grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Shopify Consumer Services consistent with these Terms. You may not use the Shopify Consumer Services for any other purpose than as authorized. Shopify reserves all rights not expressly granted.

5.2. In connection with using or accessing Shopify Consumer Services or interacting with Shopify, you agree to comply with these Terms, in addition to any other applicable Shopify terms and policies that may apply to your use of specific Shopify Consumer Services, and to comply with all applicable laws, regulations and rules that apply to your use of Shopify Consumer Services.

5.3. In addition, you agree not to do (or help others to do) any of the following in connection with your use of Shopify Consumer Services or when shopping with a Merchant on Shopify's platform:

5.3.1. You will not purchase or attempt to purchase products and services that are unlawful for you to purchase in your country of residence using Shopify Consumer Services or that breach or circumvent any applicable laws or regulations, including products that require you to be an age that you have not reached.

5.3.2. You will not infringe or violate someone else's rights under Shopify's terms and policies or applicable laws and regulations, including their intellectual property rights, or interfere with any person's or third party's use or enjoyment of the Shopify Consumer Services or Shopify's platform.

5.3.3. You will not submit false, inaccurate, deceptive, or misleading information to Shopify or in connection with your use of the Shopify Consumer Services.

5.3.4. You will not upload or transmit viruses or malicious code or take any action that would interfere with, disable, overburden, or impair the proper working, security, integrity, operation, appearance, or enjoyment of the Shopify Consumer Services, including by Merchants or other users.

5.3.5. You will not compromise, interfere with, or circumvent any of the security features that are part of the Shopify Consumer Services.

5.3.6. You will not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Shopify Consumer Services.

5.3.7. You will not use any robot, spider, scraper, data gathering and extraction tools, automatic devices or processes, third-party AI tools or other automated or manual means to access the Shopify Consumer Services for any purpose, except with Shopify's prior express permission.

5.3.8. You will not bypass any robot exclusion headers or other measures we employ to restrict access to the Shopify Consumer Services.

6. Reviews

6.1. We encourage you to post feedback and reviews about products you have purchased, which is an important part of the Shopify experience (collectively, “Product Reviews”). You agree that your reviews will be truthful, accurate and based on your actual experience with the product, will comply with our Product Review Policies and will comply with all applicable laws, regulations, and regulatory guidance, including the FTC Endorsement Guidelines. As a reminder, our Product Review Policies prohibit you from submitting reviews in exchange for money, discounts, free products or refunds.

6.2. You grant Shopify a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Product Reviews, name and/or username, comments you provide relating to products on Shopify Consumer Services, and related content in any media, without limitation. You waive, in favor of Shopify, any moral rights you may have in all works covered by this right.

6.3. This means, for example, your Product Review may appear publicly on Shop and may be shared with the Merchant whose product or service you are reviewing. Use of your Review by a Merchant outside of Shop is subject to that Merchant's own terms and policies, not these Terms.

6.4. You agree that you will have no right to any payment or revenue participation from Shopify in connection with any such Product Reviews or other content that you post when using the Shopify Consumer Services.

6.5. Shopify does not verify Product Reviews for accuracy. Shopify has the right but not the obligation to monitor and remove any Review, activity, or content. You agree Shopify is not liable or responsible for any content posted by or on behalf of you or any third party.

7. Shopify Rights

7.1. Permission to update Shopify software: If you download or use Shopify's software, including the Shop App, you give Shopify permission to download and install updates to the software where available, including on services where software may update automatically on your device when a new version or feature becomes available. You may adjust your automatic update settings on some devices.

7.2. Communications: To provide you with Shopify Consumer Services, Shopify may communicate with you via email, our messaging tools, or through text/short message service (“SMS”) to the extent permitted by applicable law and/or consistent with your permissions. You're responsible for any mobile charges you may incur for using any of the SMS services, including text-messaging (e.g., SMS, MMS) and data charges.

7.3. Marketing and Advertising: In addition, Shopify may market, advertise, and promote Shopify Consumer Services or Merchants' products or services to you on and off Shopify, including on third-party services.

7.4. Access Third-Party Emails to provide Shopify Consumer Services: If you link your Shopify account with a third-party email service or third-party shopping platform for order tracking, you consent to give Shopify access to the contents of your emails and to your shopping history. Shopify only uses this information to provide Shopify Consumer Services to you, and does not use information obtained from third-party partners you integrate with Shopify to show or target advertising to you. You can revoke this consent at any time by de-linking these accounts in the Shop App.

8. Merchants & Shopify's Role

8.1. All Merchants use Shopify's platform for business purposes and are solely responsible for ensuring consumer rights.

8.2. Shopify helps you find and improve your shopping experience with Merchants, but it is not a party to the purchase agreements you make with Merchants, nor is Shopify responsible for fulfilling transactions or products purchased through Merchants or using Shopify Consumer Services.

8.3. As a provider of the Shopify Consumer Services, Shopify does not own, control, or manage any Merchant. You agree that Shopify is not liable or responsible for the actions, product, and content of Merchants. Purchases from Merchants are subject to the Merchant's terms of service and policies, and not these Terms.

8.4. You may choose to use other businesses' services to support your purchases from Merchants, such as a third-party payment service or wallet to complete your purchase. Shopify is not a party to these transactions and is not responsible or liable for payment failure, fraud, or any other issues that may arise out of these transactions.

9. Account Suspension and Termination

9.1. Shopify retains the right to suspend or terminate your account and use of Shopify for any reason, including to investigate potential violations of these Terms.

9.2. If you do not agree with our current Terms, you may discontinue your use of Shopify at any time by closing all Shopify accounts, discontinuing your use of Shopify Consumer Services, and refraining from interacting with Shopify.

10. Limitation of Liability; Disclaimer of Warranties

10.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SHOPIFY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION, LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL, USE, DATA, SAVINGS OR OTHER PECUNIARY OR INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE DISCLAIMING ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ALL CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE DISCLAIMING ENTITIES, INCLUDING SHOPIFY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF OR WITH REGARD TO Shopify Consumer Services, WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE Shopify Consumer Services AND AMOUNTS CHARGED BY THE DISCLAIMING ENTITIES FOR SERVICES AND THAT IF DISCLAIMING ENTITIES WERE TO ASSUME FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, THE FEES WOULD OF NECESSITY BE SUBSTANTIALLY INCREASED.

10.2. Indemnification: You agree to indemnify, defend, and hold harmless Shopify and the disclaiming entities from all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys' fees, of any kind or nature arising out of or related to a claim (a) alleging that your use of Shopify Consumer Services infringes or violates the rights of a third party (including any merchant) or violates applicable law; or (b) arising out of your breach of these Terms or the documents they incorporate by reference.

10.3. Use at Own Risk: Your use of the Shopify Consumer Services is at your sole risk. Shopify Consumer Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

10.4. No Representation Regarding Merchant Products or Services: To the fullest extent permitted by law, Shopify and the disclaiming entities make no representation or warranty of any kind whatsoever for the Shopify Consumer Services, the content, materials, information, and/or functions available through Shopify Consumer Services, or for any breach of security associated with the transmission of information (including sensitive information) through Shopify Consumer Services.

10.5. Errors & Inaccuracies: Any reliance on the material or information made available through Shopify Consumer Services is at your own risk. We do not warrant that the Shopify Consumer Services will be uninterrupted, timely, secure or error-free, or that any errors will be corrected. We do not warrant that the result obtained from use of the Shopify Consumer Services will be accurate or reliable.

11. Additional Provisions

11.1. Modifications to the Service: We may change, remove, or discontinue any part of the Shopify Consumer Services at any time.

11.2. Governing Law and Venue: For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Shopify Consumer Services, you agree that it will be resolved exclusively in the provincial and federal courts of the Province of Ontario following completion of the informal dispute resolution procedures outlined above. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of the Province of Ontario will govern.

11.3. No Rights in Third Parties: Nothing expressed or referred to in these Terms will be construed to give any individual or entity other than the parties to these Terms any legal or equitable right, remedy or claim under or with respect to these Terms or any provision of this Agreement.

11.4. Assignment: You may not assign these Terms or any rights or obligations hereunder without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent, including in connection with a merger, acquisition, or sale of assets by Shopify, by operation of law or otherwise. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

11.5. Severability: In the event that any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, and such determination will not affect the validity and enforceability of any other remaining provisions.

11.6. No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

11.7. Entire Agreement: These Terms, the Consumer Privacy Policy, and the other policies or operating rules incorporated into these Terms or notified to you in respect to additional Shopify Consumer Services you use shall constitutes the entire agreement and understanding between you and us, and govern your use of the Shopify Consumer Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

11.8. Reservation of Rights: We reserve all rights not expressly granted to you.

11.9. Contacting Us: If you have any questions about the Shopify Consumer Services or these Terms, please visit our support portal.

11.10. Survival: Upon termination of your use of Shop or termination of these Terms for any reason, the following sections will survive termination: Preamble, Sections 4.3, 6.2, 8 (Merchants & Shopify’s Role), 10 (Limitation of Liability; Disclaimer of Warranties), 11 (Additional Provisions), 12 (Updating these Terms).

12. Updating these Terms

12.1. Shopify may need to update these Terms from time to time, and reserves the right to make such updates, so we encourage you to check them periodically for updates.

12.2. Shopify will provide you with reasonable advance notice of any changes that materially adversely affect your use of Shopify Consumer Services or your rights under the Terms by sending an email, providing notice through the Shopify Consumer Services, or by similar means consistent with requirements under applicable law. However, if Shopify needs to make changes to the Terms (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive, Shopify may make those changes with immediate and effect and without notice, even if those changes may materially affect your experience.

12.3. By continuing any access or use of the Shopify Consumer Services or interacting with Shopify after notice of any update to these Terms or after we post such updated Terms, you agree to be bound by the Terms, as amended.

12.4. If you do not agree to the amended Terms, your sole and exclusive remedy is to terminate your use of Shopify Consumer Services.

12.5. Any new features, services or tools which are added to Shopify Consumer Services will also be subject to these Terms, unless indicated otherwise.

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https://shop.app/terms-of-service

Welcome to Shop! Shopify Inc. and its Affiliates (“Shopify”, “we”, “us”, or “our”) provide a mobile application and other products and services that, among other things, allow you to save and manage your payment information for an accelerated checkout experience, track orders and shipments, and browse and shop from merchants (“Shop”). The following terms of service (“Terms of Service” or “Terms”) are a legally binding agreement between you as the user of Shop (referred to as “you” or “your”) and us, and it describes the terms and conditions applicable to your use of Shop. By using Shop, you agree to be bound by these Terms of Service, and any new features or tools that are added to the current Shop offering will also be subject to these Terms of Service.

If you participate in the Shop cash rewards program (“Shop Rewards”) you also agree to be bound by the Shop Rewards Terms and Conditions.

If you are an individual or organization who sells products or services to customers (a “Merchant”), these Terms of Service do not apply to your use of Shop Pay as an accelerated checkout option on your Shop Pay Site (defined below) or your store's presence in Shop, and instead the Shop Pay Merchant Terms or the Shopify Terms of Service, respectively, will apply to you.

1. How it works Shop Pay

1.1 Shop powers an accelerated checkout where your payment information is stored and retrieved for faster checkouts (“Shop Pay”). When you make a purchase on a Merchant store that offers Shop Pay as an accelerated checkout option (a “Shop Pay Site”), you will be asked on the checkout page if you would like to save your information. When you opt-in to save your information, you are signing up for Shop Pay, and we will collect and store certain personal information from you, such as your name, email address, and mobile phone number (“Account Information”); your credit card information and billing address (“Payment Information”); your shipping address and the shipping method you select on the checkout page of the Shop Pay Site (“Shipping Information”); and information related to your order details of goods or services purchased from a Shop Pay Site, such as the tracking number, carrier name, order number and product details (such as name, price, photos) (“Order Information”). Together, your Account Information, Payment Information, Shipping Information and Order Information are your “Saved Information”. All personal information collected from you in connection with your use of Shop is governed by the Shop Privacy Policy.

1.2 After you sign up for Shop Pay, if you use Shop Pay on a Shop Pay Site, Shopify will place a cookie on your web browser to recognize you when you return to that Shop Pay Site or any other Shop Pay Site, which will allow you to make purchases using your Saved Information. If you visit a Shop Pay Site and you are not recognized by Shop (for example, because you've cleared your cookies, logged out, or you're using a device that is different from the one you used to access the Shop Pay Site during your last checkout), you will be able to access your Saved Information by inputting your email address and a verification code will be sent to you via SMS text message or a notification from Shop. After you verify your identity, Shop will allow you to make purchases using your Saved Information, including your Shipping Information provided that the Merchant offers the applicable shipping method.

1.3 You can manage your Payment Information and Shipping Information in Shop or the next time you checkout from a Shop Pay Site. Should you update your Payment Information, you consent to Shopify validating your Payment Information, including your credit card on file. If you remove a credit card from your Saved Information, this will not terminate or cancel any subscriptions you may have purchased with a Merchant using your Saved Information in Shop Pay. You must cancel your subscriptions with the Merchant directly.

1.4 Note that message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider. Installments

1.5 When you check out with Shop Pay, you may have the option to pay in installments from participating stores. Installments are a flexible payment option that can help you invest in larger purchases up to $17,500 USD by dividing your purchase amount into four equal, biweekly, interest-free payments or monthly payments.

1.6 Paying in installments with Shop Pay is powered and serviced by Affirm and is only available for payment on a limited number of Shop Pay Sites (“Eligible Shop Pay Sites”). Shopify does not determine your eligibility, and Eligible Shop Pay Sites determine the availability of the option to pay in installments with Shop Pay. While you can manage your payments in Shop, your use of installments is subject to the terms you agreed to with Affirm, including their terms of service which can be found here. Shopify is not a party to any agreement between you and Affirm, and expressly disclaims all liability with respect to such agreements.

1.7 To pay in installments with Shop Pay on an Eligible Shop Pay Site, you need to meet the following requirements:

    Reside in the United States.
    Sign up for Shop Pay.
    Add your debit or credit card to your Shop Pay account.
    Sign up for Affirm to confirm your eligibility.

1.8 The following limitations currently apply to paying in installments with Shop Pay:

    Existing Affirm account holders aren't eligible for paying by installments with Shop Pay.
    Orders that include gift cards are excluded from paying in installments with Shop Pay.
    To qualify, orders need to be between $50 and $17,500 USD, inclusive of shipping and taxes.
    If you change your phone number within Shop Pay, then you also need to update your information with Affirm before you can pay for another purchase in installments with Shop Pay.
    You can't use a Capital One credit card to make Shop Pay Installment payments.

1.9 You can find more information on paying with installments here. Order Tracking

1.10 Order tracking operates in different ways:

    if the email account you use to sign up for Shop is the same email account you used to make a purchase with a Merchant who uses the Shopify features, products or services (a “Shopify Merchant”), we will automatically populate that Order Information in Shop;
    if you make a purchase on a Shop Pay Site using Shop Pay and you have a Shop account, we will automatically populate that Order Information in Shop;
    if you have a supported email account (for example, Gmail), we will populate that Order Information in Shop via tokenized read access to your supported email account;
    other accounts may also be voluntarily connected, where with your permission, we may access the applicable Order Information to provide you with tracking notifications; or
    if you do not have a supported email account, or if you do not wish to grant Shop tokenized read access to your email or other accounts, you can manually input tracking information or forward relevant order tracking emails to a Shop-provided endpoint.

For 1.10(1)-(5) above, you acknowledge and agree that Shop will obtain relevant Shipping Information (including tracking numbers) and Order Information on your behalf and import this information into Shop for you to track and manage your purchase. Shop may also obtain a reference to the email that contains this information. In accordance with the Shop Privacy Policy, we do not permanently store any email content. Emails filtered by Shop will only be looked at by humans if you specifically allow this type of access. Shopping and Product Recommendations

1.11 Shop's product recommendations and shopping functionalities allow you to discover, browse, and purchase products from Shopify Merchants (“Products”). Shop may also make personalized recommendations to you based on Merchants you follow or your Saved Information. Notwithstanding any features or tools that we might make available in Shop, and unless otherwise explicitly stated, we do not endorse, and we are not affiliated with any Merchant or their Products. Post-Purchase Offers

1.12 Post Purchase Offers. Post-purchase offers are discounts offered by Merchants and may be surfaced to you in Shop after you make a purchase from a Shopify Merchant in Shop (“Post Purchase Offer(s)”). Post-Purchase Offers will continue to be exposed to you in various surface areas in Shop until the discount has expired or you use it. Shopify Merchants are responsible for enabling the Post-Purchase Offer campaign and at a minimum, providing the discount type and amount. The automated campaign will run until the expiration date set by the Shopify Merchant or when the Shopify Merchant chooses to disable it. Shopify has no control over and will not be liable for any Post-Purchase Offers offered by Shopify Merchants. Reviews

1.13 These Terms and the Shop Product Review Policies govern your and Shopify's conduct associated with reviews of Merchant products and services (which reviews include, and may be associated with, your name if you submit it with your review) (collectively, “Reviews”) that are submitted through Shop. By submitting your Review through Shop, you acknowledge and agree that your Review (i) may appear publicly on Shop and (ii) may be shared by Shopify with the Merchant whose product or service you are reviewing. Any use of your Review by a Merchant outside of Shop is subject to that Merchant's own terms and policies, not these Terms. Similarly, Reviews you choose to submit to a Merchant store directly and not through Shop are governed by that Merchant's terms and policies, not these Terms. You acknowledge and agree that Shopify is not responsible for use of any reviews, including Reviews you submit through Shop, by a Merchant outside of Shop. If you have any questions, concerns, or requests regarding a Merchant's use of reviews outside of Shop, please contact the Merchant directly. You also agree that Shopify is not responsible, and assumes no liability, for the content of any Reviews.

By submitting a Review to Shop, you agree to the following terms and conditions:

    You represent and warrant that you are the sole author and owner of the intellectual property rights in the Review;
    You grant Shopify a non-exclusive, royalty-free, perpetual, sublicensable license to host, use, reproduce, modify, publish, perform, translate, create derivative works from, distribute, and display the Review throughout the world in any media (now or hereafter known), including the right to share the Review with the Merchant that sold the product or service that is the subject of the Review; and
    You agree to abide by the Shop Product Review Policies and acknowledge that Shopify may, but is not obligated to, monitor Reviews and take appropriate actions as further outlined in such policy.

2. Shopify's role

2.1 Shop allows you to store your Saved Information with us so that you have a fast and easy checkout experience on Shop Pay Sites, track your purchases in a centralized place, and browse, engage with and shop from your favourite Shopify Merchants.

2.2 Shop is a platform that connects you with Merchants, but any contract of sale made through Shop is directly between you and the Merchant. You, and not Shopify, are responsible for the purchases you make using Shop. The Merchant, and not Shopify, is responsible for the goods or services that you may purchase from them in Shop, including but not limited to delivery, refunds, fraud, advertising, liability relating to the Merchant's products or services, or non-compliance with applicable law.

2.3 Your access to and use of Shop does not change your relationship with the Merchant, third party services or platforms (such as Facebook, Instagram, Amazon or Google) or with your bank or credit card company.

2.4 Shopify cannot intervene in any dispute between you and a Merchant for any transactions in Shop. If you find yourself in a dispute with a Merchant, another Shop user or a third party, we encourage you to contact the other party and try to resolve the dispute outside of Shop. You can submit a complaint in Shop, and Shop will forward your complaint to the Shopify Merchant with a request that they contact you directly. Shopify will not make judgments regarding factual disputes or legal issues or claims. Shopify has no obligation to resolve any disputes. You release Shopify from any claims, demands, and damages arising out of disputes relating to your use of Shop, including those with other users or parties.

2.5 Shop supports the protection of intellectual property and asks our users (including Merchants) to do the same. It's our policy to respond to all notices of alleged copyright or trademark infringement. For more information, see our help page. If you find a Merchant or product that is violating the Shopify Acceptable Use Policy, please report that Merchant using the in-app reporting flow or here.

2.6 We make no warranties with respect to the products, services or information provided by Merchants or other Shop users through Shop, and we are not responsible or liable for: (a) Product liability claims; (b) claims that the offer or sale of Products or services via Shop fails to conform to any applicable legal or regulatory requirement; (c) claims respecting the Merchant's Products, services, or practices arising under consumer protection or similar legislation; (d) any inaccurate, incomplete or out of date information offered by the Merchant; or (e) the acts or omissions of any third party platform where you may interact with or purchase from a Shop Pay Site; or (f) the contents of any Reviews.

2.7 Occasionally there may be information available through Shop that contains typographical errors, inaccuracies or omissions that may relate to, among other things, Product descriptions, pricing, promotions, offers and availability, or Reviews. We have no obligation to update, amend or clarify information in Shop, including without limitation, pricing information, except as required by law or a Merchant. No specified update or refresh date should be taken to indicate that all information in Shop has been modified or updated.

3. Updating or terminating your Shop account

3.1 These Terms of Service are effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by opting out of Shop.

3.2 If you want to delete your Saved Information or stop storing information using Shop, please let us know by visiting https://shop.app/delete-account and opting out by submitting your email address. If you want to change any of your Saved Information, you can do so in the app, during your next checkout using Shop Pay, or by visiting https://shop.app/help for more instructions.

3.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to Shop or any part thereof.

3.4 We reserve the right to modify or terminate Shop or any of the features or tools provided therein for any reason, without notice, and at any time.

3.5 We reserve the right to refuse service to anyone for any reason at any time.

3.6 If your access to Shop is terminated by you or us, we will delete your Saved Information in accordance with our Shop Privacy Policy.

4. Representations and warranties

By using Shop you represent and warrant that (i) you are at least 18 years of age, (ii) the information you provide in using Shop is true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties, (iii) you will not use Shop for any fraudulent, unlawful or abusive purpose, and (iv) your use of Shop is not in violation of any obligation imposed on you.

5. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Shop, its content, or any of the services available through the Shop: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, or local laws, regulations, rules, or ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious or destructive code; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, scrape or other similar activities; (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the service or any related website or application, other website or application, or the Internet; (xii) use Shop in such a way that could overburden, attack, damage, or otherwise negatively impact the performance of Shop, or any other user's use of Shop; (xiii) to modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of Shop, Merchant data, any Shop Pay Site, or any aspect or portion thereof, or (xiv) use any robot, spider, automatic device or process, or other automated or manual means to access Shop for any purpose. We reserve the right to terminate your use of Shop or any related website or application for violating any of the prohibited uses.

6. Limitation of liability; Disclaimer of warranties

6.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SHOPIFY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOP, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF SHOP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPIFY AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOP INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.

6.3 YOUR USE OF SHOP IS AT YOUR SOLE RISK. THE SHOP SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

6.4 TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPIFY AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR SHOP, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH SHOP, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH SHOP.

6.5 ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH SHOP IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SHOP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE SHOP SERVICE WILL BE ACCURATE OR RELIABLE.

7. Governing law

These Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the provincial and federal courts of Ontario with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of Shop. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

8. Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

9. Modifications

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Shop services or your rights under the Terms of Service by sending an email, providing notice through Shop app, or by similar means. Notwithstanding the foregoing, we may make changes to the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of Shop after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Shop (refer to section 3).

10. Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion will be deemed to be severed from these Terms of Service, and such determination will not affect the validity and enforceability of any other remaining provisions.

11. Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, the Shop Privacy Policy, and any other policies or operating rules incorporated into these Terms of Service or posted by us in respect to Shop constitutes the entire agreement and understanding between you and us, and govern your use of Shop, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). These Terms of Service are not intended and will not be construed to create any rights or remedies in any parties other than you and us, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service. 12. Survival

Upon termination of your use of Shop or termination of these Terms of Service for any reason, the following sections will survive termination: Preamble, Sections 1.6, 2, 3.6 and 4 through 12.

If you have any questions about Shop or these Terms of Service, please contact us through our support portal.

Last Updated: May 31, 2022