Terms & Conditions
1. Agreement to Terms
By installing, accessing, or using the Happify Wishlist application (“App”), you (“Merchant,” “you,” or “your”) agree to be bound by these Terms & Conditions (“Terms”). These Terms constitute a legally binding agreement between you and HappyMonster (“we,” “us,” or “our”), a company located in Bangladesh. If you do not agree to these Terms, do not install or use the App.2. Description of Service
Happify Wishlist is a Shopify application that enables your customers to create and manage wishlists on your Shopify store. The App provides wishlist functionality to enhance customer experience and potentially increase sales conversion.
2.1 Service Features
– Customer wishlist creation and management
– Wishlist synchronization across devices
– Integration with your Shopify store
– Customer wishlist analytics and insights
2.2 Service Availability
The App is available through the Shopify App Store and requires an active Shopify store to function.
3. Eligibility and Requirements
3.1 System Requirements
– Active Shopify store
– Compatible Shopify plan that supports third-party applications
– Compliance with Shopify’s Terms of Service
– Valid email address for account communication
3.2 Merchant Eligibility
You must:
– Be at least 18 years old or the age of majority in your jurisdiction
– Have the legal authority to enter into this agreement
– Provide accurate and complete information during setup
– Maintain an active Shopify store in good standing
4. Pricing and Payment Terms
4.1 Pricing Structure
– Free Plan: Basic wishlist functionality with limitations as specified in the pricing plan
– Premium Plan: $9.99 USD per month with enhanced features and capabilities
– Free Trial: 30-day free trial of the Premium Plan for new users
4.2 Billing and Payment
– Monthly subscription fees are billed in advance
– Payment is processed through Shopify’s billing system
– All fees are non-refundable except as specified in Section 4.3
– Taxes may apply based on your location and are your responsibility
4.3 Refund Policy
Refunds are governed by Shopify’s standard refund policy. We do not provide refunds outside of Shopify’s established refund procedures.
4.4 Price Changes
We reserve the right to modify pricing with 30 days’ notice. Price changes will not affect your current billing cycle but will apply to subsequent billing periods.
5. User Account and Security
5.1 Account Responsibility
– You are responsible for maintaining the security of your Shopify store and App settings
– You must notify us immediately of any unauthorized use of your account
– You are responsible for all activities that occur under your account
5.2 Account Information
– You must provide accurate and complete information
– You must keep your account information current
– You are responsible for all content and data uploaded through the App
6. Acceptable Use Policy
6.1 Permitted Uses
You may use the App only for legitimate business purposes in connection with your Shopify store.
6.2 Prohibited Uses
You may not:
– Use the App for any illegal or unauthorized purpose
– Violate any applicable laws or regulations
– Interfere with or disrupt the App’s functionality
– Attempt to gain unauthorized access to the App or its systems
– Use the App to transmit malicious code or harmful content
– Reverse engineer, decompile, or disassemble the App
– Resell or redistribute the App or its features
7. Intellectual Property Rights
7.1 App Ownership
The App, including all software, features, and content, is owned by HappyMonster and protected by intellectual property laws.
7.2 License Grant
We grant you a limited, non-exclusive, non-transferable license to use the App in accordance with these Terms.
7.3 Your Content
You retain ownership of your store data and customer information. By using the App, you grant us the right to process this data as described in our Privacy Policy.
8. Data and Privacy
8.1 Data Processing
Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
8.2 Data Security
We implement reasonable security measures to protect your data, but cannot guarantee absolute security.
8.3 Data Backup
You are responsible for maintaining backups of your critical data. We are not responsible for data loss.
9. Service Availability and Support
9.1 Service Availability
We strive to maintain high availability but do not guarantee uninterrupted service. Scheduled maintenance will be performed as needed.
9.2 Support Services
– Support is provided via email ([email protected]) and live chat
– We aim to respond to support requests within 12 hours
– Support is provided in English during business hours
9.3 Service Limitations
Usage limits and feature restrictions apply based on your selected plan as outlined in our pricing documentation.
10. App Updates and Modifications
10.1 Updates
– We may update the App from time to time to improve functionality, fix bugs, or add features
– Updates are distributed through the Shopify App Store
– You will be notified of available updates through the Shopify admin interface
10.2 Service Modifications
We reserve the right to modify, suspend, or discontinue the App or any part thereof with reasonable notice.
11. Term and Termination
11.1 Term
These Terms remain in effect while you use the App.
11.2 Termination by You
You may terminate your use of the App at any time by uninstalling it from your Shopify store.
11.3 Termination by Us
We may terminate or suspend your access to the App if you:
– Violate these Terms
– Engage in fraudulent or illegal activities
– Fail to pay applicable fees
– Violate Shopify’s Terms of Service
11.4 Effect of Termination
Upon termination:
– Your access to the App will cease immediately
– All data will be deleted as outlined in our Privacy Policy
– Outstanding fees remain due and payable
– Provisions that should survive termination will remain in effect
12. Disclaimers and Warranties
12.1 Service Disclaimer
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
12.2 No Warranties
We disclaim all warranties, including but not limited to:
– Merchantability and fitness for a particular purpose
– Non-infringement of third-party rights
– Uninterrupted or error-free operation
– Security or accuracy of data
12.3 Third-Party Services
We are not responsible for the availability or functionality of Shopify or other third-party services.
13. Limitation of Liability
13.1 Liability Limits
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.
13.2 Excluded Damages
WE SHALL NOT BE LIABLE FOR:
– Indirect, incidental, or consequential damages
– Loss of profits, data, or business opportunities
– Damages resulting from third-party actions
– Damages beyond our reasonable control
14. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:
– Your use of the App
– Your violation of these Terms
– Your violation of applicable laws
– Your store content or customer data
15. Governing Law and Disputes
15.1 Governing Law
These Terms are governed by the laws of Bangladesh, without regard to conflict of law principles.
15.2 Dispute Resolution
Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in Bangladesh, or as otherwise required by applicable law.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.
16.2 Modifications
We may modify these Terms at any time by posting updated terms. Your continued use of the App constitutes acceptance of the modified Terms.
16.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.4 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
16.5 Assignment
You may not assign these Terms without our written consent. We may assign these Terms at any time.
16.6 Force Majeure
We are not liable for any failure to perform due to circumstances beyond our reasonable control.
17. Contact Information
For questions about these Terms or the App, please contact us at:
Email: [email protected]
Company: HappyMonster
Location: Bangladesh
For legal inquiries, please include “Terms & Conditions” in the subject line of your email.
18. Compliance with Shopify Policies
These Terms are subject to and do not supersede Shopify’s Terms of Service, Partner Program Agreement, or App Store Review Guidelines. You must comply with all applicable Shopify policies.
Acknowledgment: By installing and using the Happify Wishlist App, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.