Terms of Service
Effective Date: April 1st 2024
Introduction:
Welcome to our service provided by Checkout Upsell Pro 45130 Essen, NRW, Germany. This document ("Terms of Service," "Terms") governs your use of our Shopify App designed to insert upsell widgets during the checkout process for Shopify Plus brands (the "Service"). By accessing or using our Service, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to all these terms, do not use our Service.
Account Registration:
To use certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update this information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any activities that occur under your account. Notify us immediately if you believe your account has been compromised.
Termination: We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms that should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Subscriptions and Billing:
Subscription Terms: Our Service may require a subscription. We offer various subscription plans with differing conditions. Details about these subscriptions are provided during the signup process or in other communications made available to you.
Free Trials: We may offer free trials for our subscriptions. At the end of the free trial period, unless you cancel, your subscription will automatically convert into a paid subscription.
Billing: Subscription fees are billed in advance on a periodic basis and are non-refundable. You authorize us to charge the subscription fee through your provided payment method.
Price Changes: We reserve the right to adjust pricing at any time. Any price changes will be communicated to you in advance.
Cancellation: You can cancel your subscription at any time. Upon cancellation, you will continue to have access to the Service until the end of your billing period.
Use of the Service:You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not misuse or interfere with the Service nor will you attempt to gain unauthorized access to any system, data, password, or other information of ours or any third party.
Privacy:Your privacy is important to us. Our Privacy Policy, available at checkout-upsell/privacy-policy, explains how we collect, use, and share your personal information. By using the Service, you agree to our Privacy Policy.
Intellectual Property:The Service and its original content, features, and functionality are and will remain the exclusive property of Checkout Upsell Pro and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Checkout Upsell Pro.
Indemnification:You agree to defend, indemnify, and hold harmless Checkout Upsell Pro and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation of Liability:In no event shall Checkout Upsell Pro, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
Governing Law:These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Changes to Terms:We reserve the right to modify or replace these Terms at any time at our discretion. We will provide at least 30 days' notice before any new terms take effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Contact Us:For any questions about these Terms, please contact us at support@checkout-upsell.com.
Address: Checkout Upsell Pro, 45130 Essen, NRW, Germany.
This document provides a structured approach to outline the use and expectations of our Service. It is essential to understand and agree to these Terms before utilizing our Service.