Privacy Policy & Terms

Updated on Dec 13, 2023 (Wednesday)

By accessing Shopify apps built by MageComp, we assume you accept these terms and conditions. Do not continue to use MageComp LLP if you do not agree to take all of the terms and conditions stated here.

The terms and conditions outlined herein, along with the privacy statement and disclaimer notice, apply to all agreements involving the use of this website. In these agreements, Client, You, and Your pertain to the individual accessing this website and adhering to the terms and conditions set forth by the Company. References such as The Company, Ourselves, We, Our, and Us denote the entity providing this website's services. Additionally, the terms Party, Parties or Us collectively refer to both the Client and the Company. Any utilization of the mentioned terminology, whether in singular or plural form, with or without capitalization, and including gender-specific pronouns, is interchangeable and signifies the same entity or entities as appropriate.

Upon installing our Shopify apps, you commit to adhering to and complying with the stipulations outlined in these Terms of Use.

If you, as an individual, are accepting the terms delineated in these Terms of Use on behalf of an entity, such as your employer, you affirm that you possess the legal authority to represent and bind that entity. In this context, the terms you and your herein shall reference the said entity.

It is important to acknowledge that these Terms of Use are subject to periodic amendments. Your utilization of the apps, after the publication of a new version of the Terms of Use on our website, implies your consent to abide by the updated Terms of Use.

1. APP USAGE RIGHT

1.1. Acquisition

The apps are available for purchase on the Shopify app store.

1.2. Usage Privilege

By installing the app, you have the right to use the respective app for the sole purpose of enhancing the functionality of your Shopify store.

1.3. Duration

The authorization to use the app commences upon installation and remains in effect until the conclusion of these Terms of Use, as detailed in the Term and Termination section herein.

1.4. Geographic Scope

You are given the global right to use the apps following the provisions specified in these Terms of Use.

2. RESTRICTIONS

2.1. Prohibited Actions

(a) The use of the apps in any software, product, or website other than the Shopify store is strictly prohibited.

(b) Engagement in activities such as giving away, licensing, sub-licensing, selling, renting, leasing, distributing, transmitting, hosting, outsourcing, disclosing, or commercially exploiting the apps, either in its entirety or in part, to any third parties are prohibited.

(c) Any attempts to reverse engineer, disassemble, decompile, decode, adapt, or gain access to the source code (wholly or partially) of the apps are expressly prohibited.

(d) Actions that disrupt the app functionalities or make it challenging for other users to use the apps are strictly forbidden.

(e) Usage of access to the apps and any related information for purposes like replicating the apps or engaging in activities that compete with our business are strictly prohibited.

(f) Profiting from the use of the apps in any manner is not allowed.

(g) Utilizing the apps in a manner contrary to the law or the stipulations is strictly forbidden.

2.2. Compliance and Enforcement

We reserve the right to take all necessary legal actions to prevent and address violations, including the revocation of your license without prior notice and any refunds.

3. DISCLAIMER OF WARRANTIES

You explicitly agree that utilizing the apps is solely at your own risk, and the apps are provided "as is." We do not guarantee that the apps will meet your specific needs. No advice or information, whether oral or written, obtained from us or any other source, creates any warranty not expressly stated here. You bear sole responsibility for any outcomes arising from your use of the apps.

4. OWNERSHIP

4.1. Retention of Rights

We maintain all rights to the apps, their components, and other intellectual property.

4.2. Trademark Ownership

Ownership of all trademarks, service marks, and trade names is held, registered, and/or licensed by us. Your use of the apps does not confer upon you any license or ownership rights to these trademarks, service marks, or trade names.

4.3. Feedback

Any comments, feedback, or ideas you provide are considered non-confidential, and you hereby grant us a perpetual, global license to utilize all comments, feedback, and ideas without the need for notice, compensation, or acknowledgment. This license extends to various purposes, including but not limited to the development, manufacturing, and marketing of products and services. We reserve the right to publish a selected list of users of our apps.

5. FEES

5.1. Pricing

The apps are available for purchase at the prevailing prices listed on the Shopify app store. Please be aware that the pricing of the apps may undergo periodic changes.

5.2. Currency

All charges are invoiced in USD (United States Dollars).

5.3. Payment Conditions

Typically, we provide a free trial period, and after its conclusion, the full price for the payment period will be charged unless you opt out before the trial period concludes. In cases where there is no free trial, the full price for the payment period will be charged entirely.

5.4. Recurring Charges

Recurring charges, encompassing monthly or usage-based fees, are billed on a 30-day cycle.

5.5. No Refunds

All charges are non-refundable.

6. MODIFICATION

6.1. App Updates

We retain the right to make modifications, suspend, or discontinue the apps, either temporarily or permanently, without providing prior notice to you.

6.2. Changes in Descriptions and Pricing

Descriptions of the apps and associated pricing are subject to alteration at any time, without prior notice.

7. UPDATES AND TECHNICAL SUPPORT

7.1. Software Updates

Every app includes free lifetime updates. It's important to note that the decision on which updates to implement is made at our sole discretion.

7.2. Support Services

We provide free lifetime support for our apps. However, we retain the right to decline support if there are grounds to believe that you have violated the terms of use for the apps.

7.3. Customizations

Any customizations made are not covered by the free updates and technical support.

7.4. Inactive apps

We hold the right to exclude any app from sales at any given time. In such instances, we will discontinue the development and provision of updates and technical support for that specific app.

8. THIRD-PARTY PLATFORMS

8.1. Shopify Integration

Given that the apps are hosted on the Shopify App Store, it is crucial to recognize that your engagement with the Shopify App Store is governed by Shopify's terms of use. We bear no responsibility for your utilization of Shopify or its services.

8.2. Other Third-Party Platforms

Similarly, your interaction with any other third-party sites, platforms, or advertisements linked within the apps follows a comparable approach. These links are provided for your convenience, but we do not assume responsibility for your engagement with any third-party platforms or the information derived from them.

9. YOUR INDEMNIFICATION RESPONSIBILITY

9.1. Indemnification Commitment

You commit to holding us and our authorized officers, directors, employees, agents, partners, resellers, successors, and assigns harmless and indemnifying them against any third-party claims arising from or associated with your breach of these Terms of Use, your use of the apps, or your violation of applicable laws, rules, or regulations related to the apps. This includes any liability or expenses resulting from claims, losses, actual and consequential damages, suits, judgments, litigation costs, and attorneys’ fees, of any kind and nature.

10. LIMITATION OF LIABILITY

10.1. Scope of Limitations

You explicitly comprehend and consent that we shall not be held liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by you. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, costs related to the procurement of substitute services, or any other form of loss. The limitations on our liability mentioned above are applicable whether or not we were informed or should have been aware of the potential occurrence of such losses.

10.2. Liability Cap

If the limitation of liability provision under applicable law is deemed invalid, our cumulative liability for all claims linked to the apps shall not exceed the maximum app price paid to us by you during the 6 months immediately preceding the event giving rise to the claim.

10.3. Force Majeure Events

We shall not be held liable or responsible for any failure or delay resulting from circumstances beyond our reasonable control, constituting a "Force Majeure Event." Such events include acts of God, floods, fires, earthquakes, explosions, wars, terrorism, invasions, riots, civil unrest, embargoes, blockades, national or regional emergencies, strikes, labor stoppages, or other industrial disturbances, legal enactments, or any actions taken by a governmental or public authority. This also encompasses impositions such as embargoes, export or import restrictions, quotas, or other restrictions or prohibitions, as well as any complete or partial government shutdown, or national or regional shortages of adequate power, telecommunications (including the deterioration of internet connection), or transportation.

11. APPLICABLE LAW AND DISPUTE RESOLUTION

11.1. Governing Law

Any matter not expressly addressed in the Terms of Use will be subject to the laws of India.

11.2. Resolution of Disputes

The parties will make a concerted effort to settle all disputes, controversies, and claims arising in connection with the execution, termination, or invalidation of these Terms of Use through negotiations. The party raising claims and/or disagreements shall communicate them to the other party. If a dispute, disagreement, or claim remains unresolved through negotiations, it shall be adjudicated in the competent courts located at MageComp LLP’s jurisdiction.

12. TERM AND TERMINATION

12.1. Duration

You retain the right to use the apps until the conclusion of these Terms of Use.

12.2. Termination by Us

We reserve the right to terminate these Terms of Use at any time without prior notice if your use of the apps is not following these Terms.

12.3. Termination by You

You have the option to terminate these Terms of Use at any time by uninstalling the apps.

12.4. Consequences of Termination

Upon termination, regardless of the initiating party, you are obligated to immediately uninstall. Termination does not entitle you to a refund for the purchase of the app.

12.5. Misuse

If you persist in using the app post-termination notice, you agree to accept an injunction preventing further use and to cover all associated costs, including attorney fees, incurred by us to enforce the revocation of your rights and address any damages resulting from your misuse of the apps.

13. MISCELLANEOUS

13.1. Severability

Should any provision of these Terms of Use be deemed invalid or unenforceable for any reason, the remaining provisions will remain unaffected. The invalid or unenforceable provision will be considered modified to the maximum extent allowed by law to render it valid and enforceable.

13.2. Entire Agreement

These Terms of Use constitute the final, comprehensive, and exclusive agreement between you and us concerning the subject matter herein. They supersede and consolidate all prior discussions and agreements between the parties relating to such subject matters, including any preceding Terms of Use.

13.3. No Waiver of Rights

Our failure to enforce any right or provision outlined in these Terms of Use does not imply a waiver of such right or provision.

13.4. Titles and Interpretation

The titles of clauses in these Terms of Use are for convenience only and carry no legal or contractual weight. The term "including" implies "including without limitation."

13.5. Independent Contractor

Your relationship with us is that of an independent contractor, and neither party acts as an agent or partner of the other.

13.6. Assignment

Without our prior written consent, you may not assign these Terms of Use or your associated rights and obligations. Any attempted assignment in violation of this provision will be deemed null and void. We reserve the right to assign these Terms of Use without requiring your consent. The terms herein are binding upon assignees.