Terms of Service
Who these Terms cover. A Merchant is the business that installs or uses the app, acting through an authorized representative. A Website Visitor visits BulkiApps.com, operated by Bulki, LLC. A Shopper visits or buys from a Merchant's store or interacts with its storefront modules. Merchant accepts these Terms and the DPA by clicking to agree in the app, as described in Section 1; together they form the agreement between Company and Merchant (the “Merchant Agreement”). Website Visitors' use of BulkiApps.com is governed by the provisions of these Terms that refer to Website Visitors or the website. Merely viewing a storefront module does not make a Shopper a party to the Merchant Agreement or subject the Shopper to merchant billing, indemnification, or arbitration obligations.
BulkiApps includes its modules, mini-apps, APIs, dashboards, extensions, scripts, automations, integrations, documentation, support, websites, and related services (collectively, the “Service”).
These Terms of Service (“Terms”) govern the relationship between Bulki, LLC, a limited liability company organized under the laws of California, United States (“Company,” “we,” “us,” or “our”), and the Merchant or Website Visitor to whom the relevant provision applies. “You” means that applicable party, not a Shopper merely using a Merchant's store. Shopper submissions are addressed in Section 27 and the shopper privacy information. Mandatory consumer and privacy rights remain unaffected.
Effective date: September 21, 2026
Last updated: September 23, 2026
Notice to business Merchants: Section 24 provides for individual arbitration and a class-arbitration waiver, with stated exceptions and a 30-day opt-out. The acceptance requirements in Section 1 apply to these Terms and that provision.
1. Eligibility; business use; acceptance; merchant authority
The Service is available only to business Merchants whose Shopify store country is the United States. Company may decline access, or end it, where a store does not meet this requirement. An accepting representative must be at least 18, legally capable of contracting and authorized to bind Merchant. Authorized staff and contractors may use the app within their permissions. Merchant remains responsible for its store, personnel, products, customers and lawful instructions. This age requirement applies to Merchant representatives, not to Shoppers using a storefront feature.
Acceptance
Before Merchant uses any feature, the app shows these Terms and the DPA, with links to read and save them. To accept, an authorized representative checks a box confirming that they may bind Merchant and clicks a button that states agreement, such as “Agree and continue.” That click is Merchant's electronic signature; no paper document is needed. Installing the app, approving Shopify permissions or charges, silence, a preselected box or a footer link is not acceptance. By accepting, Merchant agrees to the individual arbitration and class-arbitration waiver in Section 24, with its exceptions and 30-day opt-out.
How Company handles personal information is described in the Privacy Policy, and its use of cookies and browser storage on BulkiApps.com in the Cookie Policy. Both apply to Merchants and Website Visitors. They are notices describing Company’s practices: they are not part of the Merchant Agreement and create no contractual obligations.
Company records the accepted document versions, the store, the accepting user's Shopify staff account, the authority confirmation and the date and time of acceptance, and keeps the accepted documents available in the app. The Merchant Agreement starts when Merchant accepts.
2. Shopify integration and platform relationship
BulkiApps is independent of Shopify. Company is solely responsible for its development, operation, maintenance, marketing, distribution, access and support, and liabilities arising from the Service or Company's handling of Merchant Data. Shopify is not liable for faults in the app or harm from its installation or use and, unless Shopify expressly states otherwise, does not provide installation or use support or sponsor, endorse or control the Service.
Merchant must authorize access through Shopify's consent flow or another Shopify-permitted method before Company accesses its store or data. Permissions authorize technical access for permitted purposes; they do not transfer ownership. Merchant's agreements with Shopify continue to apply. Company may adjust permissions or features, suspend access or delete data where required by binding platform rules, subject to these Terms.
3. Limited license; no transfer of ownership
Subject to these Terms and payment of applicable fees, Company grants Merchant a limited, non-exclusive, non-transferable, non-sublicensable license while the Merchant Agreement is in effect to access the app, install and run supplied components, and display their intended storefront functionality on its authorized stores, including administration by authorized personnel and intended public interactions by Shoppers. Section 20 governs suspension and termination of this license. This license does not permit redistribution of the software as a standalone product.
Company and its licensors retain ownership of the software, code, interfaces, designs, documentation, databases, algorithms, templates, workflows, systems, methods, trademarks and other technology used to provide the Service and their updates, derivatives and intellectual-property rights ("Company Technology"). Payment, customization, support and feedback do not transfer ownership or create a work made for hire. Merchant Content, Shopify property and third-party or open-source rights retain their respective protections. Company need not disclose non-public code, credentials or confidential materials except where law or an applicable license requires it.
"Output" means Merchant-specific displays, estimates, recommendations, reports and other results. Subject to law and third-party rights, Merchant has non-exclusive permission to use, reproduce, adapt and display Output worldwide for its own business through authorized personnel and service providers, including after termination. Company-owned components in an export are licensed only as needed to use that export. Output may not be unique or protectable; this license does not extend hosted access after termination or permit extraction of Company Technology. Other rights are reserved; none are granted by implication.
4. Restrictions; independent development preserved
Except where law or an applicable license prohibits the restriction, you must not do or authorize another person to do the following:
- Copy, resell, redistribute or sublicense Company Technology beyond the granted license; reverse engineer it or seek non-public code, algorithms or system instructions.
- Bypass or probe security, access, billing or rate controls; harvest non-public information; access another account without authority; introduce malware; or interfere with the Service.
- Use Company Technology or Confidential Information to clone non-public functionality or train, fine-tune or evaluate another model or product without written authorization; or remove proprietary notices.
Independent development, marketing and use of competing products remain permitted without misuse of Confidential Information, unauthorized use of Company Technology or infringement of intellectual-property rights. Independently acquired general skills and ideas are not restricted.
5. Website visitors
Website Visitors may view public content for lawful information and business evaluation. Downloads, demonstrations and communications do not transfer ownership. Section 4's restrictions apply to website content and materials. Website use does not create Merchant billing or arbitration obligations. Website content is provided “as is” under Section 21.
6. Multi-module Service; feature terms; changes
The Service includes only the features offered for Merchant's plan and configuration. Section 27 applies to enabled features; the Feature and Data Schedule describes their processing. Enabling one feature does not authorize unrelated processing. Company will present any additional feature terms before activation and obtain acceptance where required.
Feature changes and discontinuance are subject to Section 26 and the Section 13 refund rights. We give advance notice of material reductions to paid core functionality where reasonably practicable, or notice as soon as practicable for urgent legal, security, Shopify or third-party changes. Merchant must review configurations and outputs before publishing or materially relying on them.
7. Merchant Content and merchant data
"Merchant Data" includes information about Merchant, its store and its customers or prospects ("Customer Data") received through Shopify, Merchant or the Service. "Merchant Content" includes submitted data, text, images, files, product information, reviews and configurations. Merchant retains its existing rights, subject to contributor and third-party rights.
Merchant authorizes Company and its authorized subprocessors to host, technically format, transmit and process that content only to provide, secure, maintain and support the requested Service, carry out lawful instructions and integrations, and meet legal and Shopify obligations. Public display is limited to content intentionally submitted for publication. Private submissions are not licensed for unrelated advertising or public display. This license ends with deletion, subject to restricted retention under the DPA or law.
Merchant must have the necessary notices, lawful bases and permissions, including contributor publication rights. No ownership is transferred to Company.
8. Privacy; Customer Data; DPA
The Privacy Policy describes data practices. The DPA governs processing on Merchant's behalf and is incorporated into the agreement. Merchant is responsible for lawful collection, notices, choices and instructions; Company remains responsible for its processing obligations. Merchant will cooperate with valid privacy requests and Shopify compliance events.
No AI-provider integration is offered. The restriction on model training using Merchant Data or derived information is in DPA Section 7.
Usage data. Company collects information about how Merchant's staff use the app, such as pages viewed, features used, clicks, and device and browser details, directly and through its analytics provider. Company uses it to operate, secure, support and improve the Service, as described in the Privacy Policy. Usage data does not include Shoppers' personal information or screen recordings, and Company does not sell it or use it for advertising.
9. Security and account responsibility
Company's security obligations are described in the DPA and Privacy Policy. Merchant must protect its accounts, devices and credentials, limit and revoke staff access appropriately, and promptly report suspected unauthorized access to support@bulkiapps.com. No internet-connected service is completely secure.
10. Third-party services and integrations
Merchant-selected integrations have their own terms and privacy practices. Enabling one authorizes only the data exchange needed for the requested function. Company remains responsible for its integration decisions, disclosures and subprocessor obligations; it does not control independent third-party conduct outside its reasonable control.
11. Fees and Shopify billing
Prices, billing intervals, plan limits, usage charges and trial conditions are disclosed before authorization in the applicable purchase flow. Where Shopify requires its billing solution, app charges use it and require the applicable authorization. Merchant is responsible for applicable taxes other than Company's net-income taxes, subject to the billing intermediary's collection duties.
12. Recurring subscriptions; trials; promotions
Subscriptions renew until canceled through the disclosed method; authorized usage charges already incurred remain payable. Trial eligibility, duration, conversion price, billing interval and cancellation method are disclosed before authorization. Paid conversion and any trial usage charges require that authorization. Company provides legally required reminders and cancellation methods and may prevent abuse of trials or promotions.
13. Cancellation; refunds; failed payments; price changes
For Shopify-billed subscriptions, uninstalling cancels future recurring cycles under Shopify's rules. Charges already generated or incurred, including usage charges, may remain payable. Any in-app cancellation or downgrade option works as described in the app. Cancellation does not erase properly incurred charges.
Fees are non-refundable except as required by law or stated here. A prorated refund of prepaid, unused fees for the affected Service applies when:
- Company permanently discontinues paid core functionality without a substantially equivalent replacement, and Merchant cancels the affected Service.
- Company terminates for convenience without Merchant breach, including electing termination after a rejected material change under Section 26.
- Either party terminates an affected Service following an unresolved, reasonable subprocessor objection under the DPA.
Refunds cover the unused period from effective termination. Where a fee covers several features, Company will reasonably allocate it to the unavailable functionality. For rejected changes under Section 26, if the affected Service cannot reasonably be separated, termination and refund cover the entire remaining prepaid subscription. Refunds use the permitted billing method and do not depend on automatic Shopify credits. They do not waive accrued claims, other refund entitlements or mandatory rights. Discretionary refunds create no continuing entitlement.
Overdue, failed or reversed payments may lead to suspension after required notice or cure periods. Price changes require any applicable notice and re-approval. Mandatory renewal, cancellation and refund laws prevail. Billing questions: support@bulkiapps.com.
14. Acceptable use
Merchant must not use the Service for fraud, deception, unlawful spam, infringement, unlawful data processing, fake reviews, system interference or evasion of Shopify checkout or billing rules, and must comply with applicable export control and sanctions laws. Company may investigate abuse and restrict use under Section 20.
Merchant must not use the general features to collect passwords or other authentication secrets, full payment-card details, government identifiers, protected health data, biometric templates, precise geolocation or specially protected children's data, or as the sole basis for legally significant employment, credit, housing, insurance, healthcare or similar decisions. An exception to the sensitive-data restriction requires an expressly supported feature and the separate written approval and safeguards specified in the DPA.
15. Reviews, user content, email, push and marketing
Merchant must provide accurate content, audience selection and sender identity and a lawful basis for communications. Company remains responsible for its own conduct. Requested alerts, inquiries and purchases do not authorize unrelated marketing. Merchant must obtain any required permission for each channel and purpose, honor withdrawals and suppression within applicable deadlines, and not evade those choices by moving contacts between features.
Commercial email must have accurate headers and subjects, required advertising disclosures and postal address, and a valid opt-out. Message content determines whether it is promotional. Browser notification permission does not authorize every marketing purpose or unsupported channel.
Merchant must not fabricate reviews or verification, condition rewards on review sentiment, hide required incentive or affiliation disclosures, or suppress truthful criticism through threats, penalties or deceptive moderation. Merchant must apply neutral rules for spam, privacy, infringement and abuse, with practical reporting and correction routes. Neither party promises to pre-screen or verify every submission.
16. Feedback
Voluntary feedback about the Service gives Company a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable right to use it without compensation. This does not include Merchant Content or personal information merely because the Service processes it.
17. Confidentiality
Each party must protect the other party's non-public information that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”) with reasonable care, and use it only for the Merchant Agreement. Company's Confidential Information includes its non-public technology, credentials, security information and business plans. Confidential Information does not include information that the receiving party develops independently, receives lawfully without restriction, or that becomes public without breach. A party may disclose Confidential Information where law requires, with reasonable advance notice where lawful.
18. Copyright and intellectual-property complaints; DMCA
To report copyright infringement in material hosted through the Service, send us a written notice at support@bulkiapps.com identifying the copyrighted work, the allegedly infringing material and its location, and your name, mailing address, telephone number and email address. Include your physical or electronic signature, a good-faith statement that the disputed use is not authorized by the rights holder, its agent or the law, and a statement that the information is accurate and, under penalty of perjury, that you are authorized to act for the rights holder.
We review notices promptly and act expeditiously to remove or disable access to material identified in a legally sufficient notice under 17 U.S.C. § 512, subject to applicable law. We take reasonable steps to notify the affected user of the removal or restriction.
A counter-notice must identify the removed material and its former location, include the user's name, mailing address, telephone number and physical or electronic signature, and state under penalty of perjury a good-faith belief that removal resulted from mistake or misidentification. The user must consent to the jurisdiction of the federal district court for the district containing their address or, if outside the United States, a federal district where Company may be found, and agree to accept service from the original notifier or its agent.
For a counter-notice satisfying 17 U.S.C. § 512(g), we promptly send a copy to the original notifier and explain the planned restoration. Where that statutory process applies, we restore access between 10 and 14 business days after receiving the counter-notice unless we first receive notice that the notifier has filed the court action specified by that statute. Notices and counter-notices, including contact details, may be shared with the relevant parties. Knowingly material misrepresentations can create liability.
Company maintains a policy to terminate, in appropriate circumstances, accounts of repeat infringers and accommodates applicable standard technical measures required by law. For trademark, privacy, or other content concerns, contact support@bulkiapps.com. Reporting content does not guarantee removal where the report does not establish a valid basis.
19. Free features and support
Free features follow the same change and notice rules but carry no service-level commitment unless Company agrees otherwise in writing. Company will disclose a preview's limitations before activation. Support is available at support@bulkiapps.com; response times are targets, not commitments, unless Company agrees otherwise in writing.
20. Suspension and termination
Company may proportionately suspend access for nonpayment, material breach, security threats, suspected fraud or abuse, unlawful activity, or binding legal or Shopify requirements. Where practicable, we give notice and a reasonable opportunity to cure. Termination may follow an uncured material breach or circumstances in which continued access cannot lawfully or reasonably be maintained.
Company may terminate the Merchant Agreement for convenience on at least 30 days' notice, or on shorter notice where law, security or a binding platform rule requires it, in which case Company will give notice as soon as practicable. Merchant may end the Merchant Agreement at any time by uninstalling the app. Section 13 governs refunds and cancellation charges.
Access and hosted features end at termination. Merchant is responsible for requesting any available exports before uninstalling; valid access and portability rights remain available and are not conditioned on paying disputed fees. Pending notifications may stop, but Merchant's orders, fulfillment duties and third-party contracts continue. The DPA governs return and deletion; an export request does not extend mandatory deletion deadlines. Payment, ownership, confidentiality, disclaimers, liability, indemnity, disputes and other provisions intended to survive remain effective.
21. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, COMPANY TECHNOLOGY, OUTPUT, DOCUMENTATION, WEBSITE, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR COMPATIBLE WITH EVERY THIRD-PARTY SERVICE; THAT OUTPUT WILL BE ACCURATE, UNIQUE, LAWFUL FOR A PARTICULAR USE, OR NON-INFRINGING; OR THAT USE OF THE SERVICE WILL INCREASE SALES, CONVERSION, REVENUE, RANKINGS, LEGAL COMPLIANCE, OR BUSINESS PERFORMANCE.
THE SERVICE'S TEMPLATES, RECOMMENDATIONS, NOTICES AND CONFIGURATION TOOLS ARE NOT LEGAL OR PROFESSIONAL ADVICE AND DO NOT GUARANTEE THAT A STORE, OFFER OR COMMUNICATION COMPLIES WITH LAW. COMPANY DOES NOT ACT AS MERCHANT'S PROFESSIONAL ADVISER OR COMPLIANCE OFFICER.
These disclaimers do not reduce Company's express obligations under the Merchant Agreement, or exclude warranties or rights that cannot lawfully be excluded.
22. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, OR USE; OR COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
SUBJECT TO THE EXCEPTIONS BELOW, COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID FOR THE SERVICE ATTRIBUTABLE TO THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) US $100. For this calculation, prepaid subscription fees are allocated proportionately across the service period they cover, irrespective of the payment date; paid usage fees are attributed to the period in which the usage occurred.
Exceptions to both the damage exclusions and the monetary cap: neither applies to liability for Company's fraud, fraudulent misrepresentation, gross negligence, willful misconduct or willful injury to another person's person or property. Neither applies to a violation of law or other liability to the extent applicable law prohibits its exclusion or limitation.
This section does not reduce the express refund obligations in Section 13 or override the liability provisions of mandatory data-transfer terms, including liability between their parties and rights of data subjects under the DPA. No provision of this agreement limits a regulator's powers or waives a right or remedy that applicable law makes non-waivable.
23. Indemnification by Merchant
Merchant will defend and indemnify Company and its personnel against third-party claims to the extent caused by infringing Merchant Content, Merchant's products or unlawful communications, Merchant's breach of these Terms or law, or misuse of the Service. This excludes loss to the extent caused by Company's breach, negligence, willful misconduct or unlawful conduct and does not apply to Website Visitors or Shoppers.
Company will promptly notify Merchant; delay excuses performance only to the extent of material prejudice. Merchant may control the defense with competent counsel and reasonable cooperation at its expense. Company may participate at its own expense or assume the defense if Merchant fails to do so, without expanding the indemnity. Settlements requiring a covered party's admission of fault, non-monetary obligations or less than a complete release need that party's written consent, not unreasonably withheld.
24. Dispute resolution; arbitration; class-action waiver
This arbitration agreement applies only to Company and a Merchant contracting for business purposes that has validly accepted it through the acceptance process in Section 1. It does not bind Website Visitors or Shoppers. Either party must first send a written dispute notice identifying the relevant account, facts, and requested relief to the other party's notice address under Section 26. The parties will attempt resolution for 30 days. This does not prevent urgent relief or filing needed to preserve a claim before a deadline.
Except for qualifying small-claims matters, a timely arbitration opt-out, and applications for temporary court relief needed to protect intellectual property, confidential information or security pending arbitration, unresolved Merchant disputes will be decided by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The Federal Arbitration Act governs. Fees follow the applicable rules and mandatory law. Arbitration may be remote by agreement or take place in Los Angeles County, California, unless applicable law requires another location.
To the extent permitted by law, Company and Merchant agree to pursue arbitrable disputes individually and waive class and representative arbitration unless both agree otherwise. This does not prohibit lawful coordinated representation, regulator complaints, or a remedy or procedure that cannot lawfully be waived. Courts decide formation, enforceability, and the scope of this arbitration agreement, including its class waiver; the arbitrator decides the merits of properly arbitrable claims.
Merchant may opt out by emailing support@bulkiapps.com within 30 days after first accepting this arbitration agreement, with the subject “Arbitration opt-out” and the Merchant's name and store web address. This opportunity also applies to an existing Merchant first presented with arbitration and reopens for 30 days after affirmative acceptance of a material change to this section. A valid prior opt-out remains effective unless Merchant separately and expressly agrees to arbitration again. Opting out does not affect access to the Service. Any claim for relief that cannot lawfully be waived or arbitrated may proceed in a competent court without a contractual stay that defeats that right. If the class waiver is unenforceable for a particular claim, that claim proceeds in court unless the parties agree otherwise. No provision here requires a Website Visitor or Shopper to waive a jury trial.
25. Governing law and venue
California law governs the Merchant contract, except that the Federal Arbitration Act governs Section 24 and mandatory data-transfer terms govern their own subject matter. Merchant disputes that properly proceed in court must be brought in the state courts in Los Angeles County, California, or the federal courts for the Central District of California, except where mandatory law requires otherwise. For Website Visitors and Shoppers, mandatory protections and available courts under applicable law remain unaffected; this agreement does not impose the Merchant's exclusive venue on them.
26. Changes; notices; assignment; order of precedence; general
Company will give affected Merchants, including free plans, at least 30 days' notice of material contractual changes. A shorter period may apply where required by law, security or a binding platform rule, with an explanation where permitted. Changes are prospective and do not change pending disputes. Merchant may stop affected use before a change takes effect. Required affirmative acceptance, including for new or materially changed arbitration, remains necessary despite shorter notice. Posting a webpage, obtaining Shopify permissions or providing technical access does not establish that acceptance. Company retains accepted versions and acceptance records.
Prepaid Merchants who reject a material change. If Merchant rejects a material contractual change that would apply during its current prepaid subscription period, Company will, at its option, either (a) continue providing the affected Service under Merchant's previously accepted terms through the end of that prepaid period, or (b) terminate the affected Service and provide a prorated refund of prepaid, unused fees attributable to it under Section 13. Company will make this choice on a case-by-case basis, reasonably and in good faith, considering the nature and effect of the change and whether continued performance under the existing terms is lawful and reasonably practicable. Company will communicate its decision before the proposed change would apply to Merchant. If Company cannot continue under the existing terms, option (b) applies.
The applicable notice and acceptance requirements continue to apply. Continuing under the previously accepted terms does not constitute acceptance of the rejected change. Any renewal under revised terms remains subject to the required notice and acceptance. This process does not reduce existing refund entitlements, waive accrued claims or non-waivable rights, or permit Processing contrary to the DPA or applicable law.
Notices to Company must be sent to support@bulkiapps.com, which also handles support, billing, privacy and security questions; copyright notices must include the information listed in Section 18. Company may send notices to Merchant at its store's contact email, through Shopify or in the app.
If these documents conflict, this order applies: mandatory transfer clauses; the DPA and its incorporated Feature and Data Schedule, for processing; an amendment both parties agree in writing, for what it expressly covers; the Module Terms, for their features; then the rest of these Terms. A data-protection amendment may change the DPA only consistently with mandatory protections. The Privacy Policy is informational: it does not amend the Merchant Agreement or authorize new processing.
The parties are independent contractors; the Merchant Agreement creates no partnership, joint venture, franchise, fiduciary, employment or agency relationship. Merchant may assign only with Company's written consent unless law requires otherwise; Company may assign in a merger, acquisition, financing, reorganization or asset sale. Failure to enforce is not a waiver. If a provision is invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in effect; Section 24 governs severability of its class waiver. Electronic acceptance and signatures have the same effect as signed paper originals. “In writing” includes email, “including” means “including without limitation,” references to “this agreement” mean the Merchant Agreement, and capitalized terms not defined in these Terms have the meanings given in the DPA.
Entire agreement. These Terms (including the Module Terms and any additional feature terms Merchant accepts) and the DPA, with its incorporated Feature and Data Schedule and Subprocessor List, are the entire agreement between Company and Merchant about the Service. They replace earlier proposals, understandings and statements on that subject, including app listings and marketing materials, and may be changed only under this Section 26 or by an amendment both parties agree in writing. This does not limit liability for fraud or rights that cannot be waived.
Events beyond reasonable control. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, fire, flood, epidemics, war, terrorism, civil unrest, government action, labor disputes not involving its own personnel, or failures of the internet, utilities, Shopify or hosting providers that it did not cause. The affected party will promptly notify the other and take reasonable steps to resume performance. This does not excuse payment obligations, or security, confidentiality, incident-notification or deletion obligations that applicable law or Shopify requires to be met.
No third-party beneficiaries. Only Company and Merchant have rights under this agreement, except that persons protected by Sections 22 and 23 may rely on them, and data subjects keep their rights under incorporated transfer clauses and applicable law.
27. Module Terms and shopper submissions
Merchant remains the seller and organizer of its offers, responsible for product claims, prices, taxes, fulfillment, customer service and lawful returns. Company supplies app functionality and remains responsible for its own conduct. Merchant must test configurations and keep displayed offers consistent with checkout. General content, privacy and messaging rules are in Sections 7, 8, 14 and 15. The rules in Sections 27.1 to 27.16 (the “Module Terms”) apply to each feature Merchant enables, and each instruction in them is an obligation of Merchant.
27.1 Sticky Add to Cart
Display the correct product, variant, price and availability, and check compatibility after relevant changes. A cart action alone does not reserve stock, complete payment or guarantee delivery.
27.2 WhatsApp Chat Button
Use the correct destination, message and hours; do not expose unnecessary personal data in links. WhatsApp has its own terms and privacy practices. Displaying a link does not authorize access to conversations or unrelated marketing.
27.3 Badges & Labels
Substantiate stock, popularity, sale, certification and trust claims and obtain permission for third-party marks. Timers must reflect genuine deadlines or events without fabricated scarcity, false stock reservations or misleading resets.
27.4 Free Shipping Bar
Disclose eligibility, countries/currencies, thresholds, exclusions and the effects of discounts, tax and shipping. Progress displays must match the checkout offer. An entered code does not guarantee eligibility.
27.5 Estimated Delivery Date
Use reasonable fulfillment and carrier assumptions, current cutoff, holiday and country rules, and distinguish estimates from guarantees. Merchant handles delivery promises, delay notices and required cancellation/refund choices; an estimate disclaimer cannot contradict a specific promise.
27.6 Web Push Notifications
Identify the Merchant and purpose before subscription. Restock or price-drop permission does not cover unrelated promotions. Provide withdrawal and honor it. Browser permissions and third-party delivery affect availability; notifications guarantee neither stock nor checkout price.
27.7 Launch Waitlist
Explain list position, counts, referral rules and benefits accurately. Joining is not a purchase or allocation/delivery guarantee unless expressly offered. Referrals must not involve unauthorized contact uploads, unsolicited messages or deceptive rewards.
27.8 Back in Stock & Preorder
Separate alert subscriptions from orders. Before a preorder, disclose its status, product, total price, payment timing, supported shipment expectation and cancellation/refund terms. Use authorized Shopify checkout and payment flows. Explain mixed-cart timing and charges; do not charge for undisclosed substitutes. Monitor availability and provide required delay notices, consent choices, cancellation and refunds despite any general no-refund wording.
27.9 Popups & Quizzes; rewards and incentives
Explain required and optional questions, their purposes and any additional marketing or profiling. Recommendations are not professional advice. Merchant organizes its rewards and must disclose benefits, eligibility, restrictions, expiry, redemption and withdrawal effects. Where required, give an incentive notice before signup, obtain opt-in, allow withdrawal and explain the reasonable data-value estimate and method. Rewards cannot require favorable reviews or waiver of mandatory privacy rights.
27.10 Form Builder
Choose lawful fields, recipients and access restrictions and provide a collection notice. Forms and attachments are private to intended recipients unless a separate public use is disclosed and authorized. Inquiries do not automatically subscribe senders to marketing. Section 14's sensitive-data restrictions apply.
27.11 Quantity Breaks & Bundles
Describe products, quantities, eligibility, total/unit prices where required, discount interaction, authorized substitutions and availability accurately. Disclose partial-return treatment without limiting mandatory rights, and test discounts against checkout.
27.12 Product Options
Disclose added prices and required/optional inputs before purchase and obtain affirmative selection of paid extras. Merchant handles customization approvals, production and lawful cancellation. Customization does not remove defect-related or other mandatory rights. Use uploads only for the disclosed order purpose unless further rights are obtained.
27.13 Cart Drawer & Upsells
Show accurate offers and require affirmative selection of additional products and charges. Do not add paid extras silently or by default. Shipping protection is not offered; general cart tools must not imply Company insurance or a replacement/refund guarantee.
27.14 Product Reviews
Separate public contributions from private contact and verification data. Imports need lawful permission, correct product association and accurate verification, incentive and context disclosures. Apply Section 15's review rules; do not demand ownership or penalize truthful criticism. Order-based review-request emails are off by default and work only after Shopify approves the app's access to customer names and emails. Before switching them on, Merchant must confirm that its privacy notice covers them; Merchant is responsible for their wording and for any permission needed to send them. Each email includes an unsubscribe link. Publication and rich snippets do not guarantee search placement.
27.15 Product Q&A
Identify public fields before submission and keep private contact/order details out of published content. Merchant is responsible for answers and claims; do not impersonate independent customers. Answer-notification details do not authorize unrelated marketing.
27.16 Submission notices and contributor rights
Before public submissions, explain which names, text, ratings and media will be visible and potentially indexed. Obtain non-exclusive permission to host, format and display them for the feature, subject to withdrawal/deletion duties and third-party rights. Contributors retain ownership; unrelated advertising reuse needs separate permission. For private submissions, identify the purpose and recipients. Provide reporting, correction and deletion routes; prohibit unlawful material, malicious files and unauthorized confidential or copyrighted content. These are Merchant obligations; they do not make Shoppers parties to this agreement.
