By signing up for a ShopStorm app (“App”) or any of the services (“Service(s)”) of ShopStorm (as a brand of SkyVerge, Inc) (“ShopStorm”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features that are added to the current App shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at here. ShopStorm reserves the right to update and change the Terms of Service at any time, without notice. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using ShopStorm apps or services, you are agreeing to these terms. Be sure to occasionally check back for updates.


Section 1: Account Terms

  1. You must abide by all Shopify Terms of Service.
  2. You must be 18 years or older to use our Apps.
  3. You may not use our Apps for any illegal or unauthorized purpose, nor may you, in the use of these Apps, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States or the Commonwealth of Pennsylvania.
  4. A breach or violation of any of the Account Terms as determined in the sole discretion of ShopStorm will result in an immediate termination of your access to apps services.


Translation:
You must abide by all Shopify rules to use our apps, and cannot do anything illegal. Any violation of these terms gives us the right to cancel your service.


Section 2: General Conditions


You must read, agree with, and accept all terms and conditions in these Terms of Service and the Privacy Policy before you may use ShopStorm Apps.

  1. Technical support is only provided to paying users and is only available via ticketed email support.
  2. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Apps, use of the Apps, or access to the Apps without the express written permission of ShopStorm.
  3. You shall not utilize domain names that use ShopStorm or any ShopStorm trademarks and/or variations and misspellings thereof.
  4. Questions about the Terms of Service should be sent to help [at] ShopStorm [dot] com.


Translation:
ShopStorm apps belong to us. You are not allowed to rip them off or resell access.


Section 3: ShopStorm Rights

  1. We reserve the right to modify or terminate a Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any lawful reason at any time.
  3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any ShopStorm customer, ShopStorm employee, member, or officer can result in immediate account termination.
  5. ShopStorm does not pre-screen content and it is in their sole discretion to refuse or remove any Content that is available via the Apps.
  6. We reserve the right to provide our apps and services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ShopStorm employees and contractors may also be ShopStorm customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.


Translation:
We can modify, cancel, or refuse the service at anytime.


Section 4: Limitation of Liability

  1. You expressly acknowledge, understand and agree that ShopStorm is not liable for any damages, losses or other claims arising or in any way occurring because of, or resulting from, your use of (or inability to use) ShopStorm apps or Services, including, without limitation, direct and indirect damages, losses or other claims based on the negligence of ShopStorm.
  2. You expressly acknowledge, understand and agree that ShopStorm is not liable for any special, incidental, consequential, exemplary or similar damages in any way occurring because of, or resulting from, your use of (or inability to use) ShopStorm apps or Services, including, without limitation, damages for lost profits or business interruption and damages based on the negligence of ShopStorm.
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ShopStorm partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of these Apps is at your sole risk. The Apps are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
  4. ShopStorm does not warrant that apps or the service will be uninterrupted, timely, secure, or error-free.
  5. ShopStorm does not warrant that the results that may be obtained from the use of apps or the service will be accurate or reliable.
  6. ShopStorm does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Apps or services will meet your expectations, or that any errors in the Service will be corrected.


Translation:
We are not responsible for your actions if you break the law, breach these terms, or go against the rights of a third party – especially if you get sued.

Service is “as is” – it may have errors or interruptions and we provide no warranties for these circumstances.


Section 5: Waiver and Complete Agreement


The failure of ShopStorm to exercise or enforce any right or provision of these Terms of Service, from time to time, shall not constitute a waiver of ShopStorm’s right to do so at any time. The Terms of Service constitutes the entire agreement between you and ShopStorm regarding your use of ShopStorm apps or Services. The Terms of Service cannot be modified by you without the consent of ShopStorm. As set forth in these Terms of Service, the Terms of Service can be amended, modified or replaced by ShopStorm at any time without your consent. At all times, the most current version of these Terms of Service will be in effect and each amended, modified or replacement Terms of Service supersede any prior Terms of Service.


Translation:
If ShopStorm chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and ShopStorm don’t apply if they conflict with these terms.


Section 6: Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the ShopStorm apps or service. All material you upload remains yours.
  2. You can remove your ShopStorm app access or service at any time by canceling your account. This may, but will not necessarily, remove all content you have stored in the Apps. If you wish the App data to be expunged, simply send an email to help@shopstorm.com with your myshopify.com URL and a message requesting the App data to be deleted for your shop.
  3. By uploading images and item description content to ShopStorm Apps, you agree to allow other internet users to view them and you agree to allow ShopStorm to display and store them and you agree that ShopStorm can, at any time, review all the content submitted by you to its Apps or services.
  4. You retain ownership over all content that you submit to a ShopStorm App; however, by making your Shopify store public, you agree to allow others to view your content.


Translation:
Anything you upload remains yours and if you want to remove your content, delete your account, and confirm with us if you’d like to ensure data is completely expunged and not saved in case you sign up again.


Section 7: Payment of Fees

  1. To access ShopStorm Apps and services, users agree to accept charges and pay recurring charges through their Shopify account for the Apps and services. Failure to accept these charges will result in removal of your access to ShopStorm Apps and services.
  2. The Apps and services will be billed in 30 day intervals. When your billing period is over, ShopStorm users will be sent an invoice via email from Shopify. As well, an invoice will appear on the account page of your Shopify administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. Billing and invoicing is conducted via Shopify for any ShopStorm Apps sold in the Shopify App store.
  4. All billing terms and payment of fees are subject to Shopify’s Terms of Service with respect to Payment of Fees.
  5. ShopStorm guarantees satisfaction for 30 days, so if you are unsatisfied with the app and uninstall in the first month, a refund will be provided for a maximum of one billing period.


Translation:
You will be billed every 30 days through Shopify and have 2 weeks to pay. You are subject to the terms of Shopify’s billing. Refunds may be processed for up to one billing period.


Section 8: Cancellation and Termination

  1. You may cancel your account at anytime by uninstalling the Apps from your Shopify administrative panel.
  2. Once cancellation is confirmed, your Content may be deleted from the Apps or services. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel access to the Apps in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the ShopStorm apps or service for any reason, without notice, at any time.


Translation:
To initiate a cancellation, uninstall the app from your Shopify dashboard. Once cancellation is confirmed, your content can be permanently deleted. If you cancel in the middle of the month, you’ll have one last e-mail invoice. We may change or cancel the Shopify service at anytime.


Section 9: Modifications to the Service and Prices

  1. Prices for using ShopStorm Apps and services are subject to change upon 30 days notice from ShopStorm. Such notice may be provided at any time by posting the changes to the ShopStorm Site (shopstorm.com), email, or the administration menu of your Shopify store via an announcement.
  2. ShopStorm reserves the right at any time to time to modify or discontinue the Apps (or any part thereof) with or without notice.
  3. ShopStorm shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Apps or services.


Translation:
We may change or discontinue the apps or services at anytime, without liability.


Section 10: DMCA Notice and Takedown Procedures


Whenever possible, we will follow procedures outlined by Shopify’s DMCA Notice and Takedown Procedure policy for our Apps.

  1. ShopStorm supports the protection of intellectual property and asks users to do the same. It’s our policy to respond to all notices of alleged copyright infringement.
  2. If someone believes that one of our users is infringing their intellectual property rights, they can send a DMCA Notice to Shopify’s designated agent using their form, and email info@shopstorm.com with the same complaint.
  3. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement.
  4. Once provided with a notice of takedown, the user can reply with a counter notification to both Shopify and help@shopstorm.com if they object to the complaint.
  5. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise we restore the material.


Translation:
For users this means,

ShopStorm respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification via email.

For everyone else this means,

If you believe one of our users is infringing your intellectual property rights, you can send Shopify a DMCA Notice and email one to us as well. We will expeditiously disable access or remove the content and notify the user. Be advised that we post all notices we receive.


Changes to the Terms of Service

2016-03-29: Fixes to Section 7 due to Shopify’s changes in refund policy, clarifies when ShopStorm will provide refunds.

2015-03-09: Clarifications/fixes to: Section 1 No. 3, Section 2 Preamble, Section 2 No. 3, Section 2 Translation, Section 3 No. 1, Section 3 No. 2, Section 6 No. 2. Rewrote: Section 4 No. 1, Section 4 No. 2, Section 5.
Section 6 No. 5 (confidential information disclosure and definition) was removed in its entirety as it is better covered in Section 4 of the Privacy Policy.

2015-01-15: Clarified that intellectual property belongs to the store owner, not to us, and that canceling may or may not remove data (in case of reusing the app in the future). Data will be expunged completely upon request.


ShopStorm | SkyVerge, Inc.
4 Holly Drive
Douglassville, PA 19518
USA