Shopify Inbox Terms of Service

1. Overview

The following terms (“Shopify Inbox Terms”) describe the terms and conditions applicable to your access to and use of the Shopify Inbox application, services, and any associated software and products (collectively referred to as the “Inbox Service”). The Inbox Service connects to your Shopify Account (as that term is defined in the Shopify Terms of Service) and centralizes customer conversations and conversations between Staff. The Inbox Service also adds a chat interface to your online store which allows buyers to connect with you directly on your online store as well as the ability to aggregate buyer conversations from multiple channels, such as Facebook Messenger and Apple Business Chat. This document is a legally binding agreement between you and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc. The Inbox Service is available via iOS, Google or through a Web application.

By signing up for the Inbox Service you are agreeing to be bound by these Shopify Inbox Terms, which are in addition to the Shopify Terms of Service, including Shopify’s Acceptable Use Policy (“AUP”), Privacy Policy, and, if applicable, the Data Processing Addendum (“DPA”). If there is any conflict or inconsistency between the Terms of Service, the Shopify Terms of Service, Privacy Policy, AUP or DPA, the agreements will govern in the following order only to the extent necessary to resolve any conflict or inconsistency: AUP, DPA, Shopify Inbox Terms, Shopify Terms of Service, Privacy Policy. Any new features or tools which are added to the current Inbox Service shall also be subject to these Shopify Inbox Terms.

You acknowledge and agree that we may amend these Shopify Inbox Terms at any time by posting the relevant amended and restated Shopify Inbox Terms at https://www.shopify.com/legal/Inbox-terms, and such amendments to the Shopify Inbox Terms are effective as of the date of posting. Your continued use of the Inbox Service after the amended Shopify Inbox Terms posted constitutes your agreement to, and acceptance of, the amended Shopify Inbox Terms. If you do not agree to any changes to the Shopify Terms of Service, do not continue to use the Inbox Service.

2. Definitions

“Customer Content” means all information and data (including text, customer conversations, Staff Account conversations, images, photos, videos, audio and documents) or any other content in any media or format provided or made available by you or on your behalf in relation to your use of the Inbox Service, including information and data available in your Account (as defined in the Terms of Service), which may include information or data from a Supported Platform installed on your Account.

“Shopify App Store” means the Shopify website where you can select and install the applications on your Account, available at: apps.shopify.com.

“Supported Platform(s)” means the third party software, applications, products, or services currently supported by the Service that may be available in the Shopify App Store, as described in more detail below and on the Shopify Inbox website, available at https://www.shopify.com/Inbox (the “Site”).

3. Shopify Account

You acknowledge and agree that the Inbox Service will be able to access and modify the store data for your Account, including information from Supported Platforms. You are responsible for all activity that occurs under your Account.

If you are signing up for the Inbox Service on behalf of your employer, then you represent and warrant that you have the authority to use the Inbox Service, including connecting your Account to the Inbox Service, and binding your employer to these Shopify InboxTerms.

4. General Conditions

The Inbox Service is currently only offered in the English language.

You may not use the Inbox Service for any illegal or unauthorized purpose nor may you, in using the Inbox Service, violate any laws in the jurisdictions in which you operate.

You may not use the Inbox Service in violation of the terms and conditions applicable to any Supported Platforms that you may use in connection with the Inbox Service. If we are advised of your violation of Supported Platform terms, we may, in our sole and absolute discretion, terminate your access to the Inbox Services. For the avoidance of doubt, Shopify is not responsible for monitoring, enforcing or ensuring your compliance with the terms and conditions applicable to Supported Platforms or other Third Party Services, as outlined in more detail in Sections 6 and 7 below.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Inbox Service, use of the Inbox Service, or access to the Inbox Service without our express written permission.

For greater certainty, the Inbox Services are included in the Services as defined in the Shopify Terms of Service.

5. Our Rights

We reserve the right to modify, including but not limited to adding or removing features, discontinue or terminate the Inbox Service or any part thereof, or terminate your access to the Inbox Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Inbox Service or any part thereof, or the revocation of your access to the Inbox Service.

We may, but have no obligation to, remove without notice any Customer Content or Feedback (as defined in the Shopify Terms of Service) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Shopify Inbox Terms.

A breach or violation of any provision of these Shopify Inbox Terms, as determined in our sole discretion, may result in an immediate termination of your access to the Inbox Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Inbox Service if we suspect that you have engaged in fraudulent activity in connection with the Inbox Service.

We reserve the right, but are not obligated, to limit the availability of the Inbox Service, or products or services made available via the Inbox Service, to any person, geographic region or jurisdiction. We may exercise this right on a case‑by‑case basis.

We reserve the right to provide our Inbox Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Shopify’s employees and contractors may also use the Inbox Service and that they may compete with you, although they may not use your confidential information in doing so.

6. Supported Platforms

In order for the Service to access the Supported Platforms, you must install the Supported Platform application on your Shopify Account. Supported Platform applications are available in the Shopify App Store. If the application is installed on your Account, you will automatically have access to it via the Inbox Service. You acknowledge that the Inbox Service interoperates with multiple Supported Platforms, and that the Inbox Service is highly dependent on the availability of such Supported Platforms. If at any time any Supported Platform becomes unavailable or ceases to make their services available to Shopify on reasonable terms, Shopify may cease to provide such features to you without notice and without entitling you to any refund, credit, or other compensation.

You understand that by using the Inbox Service you may be exposed to third‑party content or information that might be unlawful, offensive, harmful, inaccurate or otherwise objectionable. Shopify does not own, control, or review this content, and Shopify has no obligation to preview, verify, flag, modify, filter, or remove any third-party content, even if requested to do so, although Shopify may do so in its sole discretion. Your use of Supported Platforms is at your sole risk, and Shopify shall not be liable to you or any third party in relation to third-party content that may be accessed via the Service.

7. Third Party Services

You acknowledge that the Service may enable or assist you in accessing, interacting with and/or purchasing services from Supported Platforms and other third parties via third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable Third Party Service provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Service is entirely at your own risk and discretion. In addition to these Terms of Service, you must read and agree to the additional service‑specific terms and/or privacy policies applicable such Third Party Services before you use them in connection with the Service.

We do not provide any warranties with respect to Third Party Services. You acknowledge that Shopify has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. Any issues caused by or related to Third Party Services need to be brought to the applicable Third Party Service Provider and will not be dealt with by Shopify. The availability of Third Party Services on the Site, in the Shopify App Store or enabling the use of such Third Party Services with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Shopify. Shopify strongly recommends that you seek specialist advice before using or relying on Third Party Services to ensure they will meet your needs.

Shopify is not responsible for any ads, social posts or messages that are rejected or undelivered by a Third Party Service, and Shopify is not responsible for managing unsubscribe settings. All ad processes and unsubscribe settings are managed by and in the complete discretion of the Third Party Service and Shopify has no knowledge of or control over such processes. Any questions relating to the Third Party Service, including rejected or undelivered ads or unsubscribe settings, must be directed to the Third Party Provider.

If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Shopify is not responsible for any disclosure, modification or deletion of your data or Customer Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Customer Content.

Under no circumstances shall Shopify be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Shopify has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shopify partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

8. Fees

The Inbox Service is offered free of charge, but there may be fees applicable to your use of a Third Party Service. You are responsible for any Third Party Services that you purchase or that Shopify purchases or subscribes to on your instructions. Shopify reserves the right to begin charging for the Inbox Service upon 30 days’ notice, which notice may be provided at any time by email.

9. Prohibited Uses

In addition to other prohibitions as set forth in these Shopify Inbox Terms, you are prohibited from submitting Customer Content or using the Inbox Service: (a) to violate any international, federal, or local laws, regulations, rules, or ordinances; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) upload to, or transmit from, the Inbox Service any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious or destructive code; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Inbox Service or any related website or application, other website or application, or the Internet; (k) to attempt to reverse engineer, de‑compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Inbox Service; or (l) to access the Inbox Service in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Inbox Service.

10. Governing Law

These Shopify Inbox Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Shopify Inbox Terms and is hereby expressly excluded.

11. Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Termination

These Shopify Inbox Terms are effective unless and until terminated by either you or us. If you no longer wish to use the Inbox Service, you may terminate your Account in accordance with the applicable terms or delete the Shopify Inbox Service application from your device. If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Shopify Inbox Terms, we also may terminate these Shopify Inbox Terms at any time without notice. The obligations (including payment obligations, if any) and liabilities incurred prior to the termination date shall survive the termination of these Shopify Inbox Terms for all purposes.

13. Waiver and Entire Agreement

The failure by us to exercise or enforce any right or provision of these Shopify Inbox Terms shall not constitute a waiver of such right or provision.

These Shopify Inbox Terms and any policies or operating rules incorporated into these Shopify Inbox Terms or posted by us in respect to the Inbox Service constitutes the entire agreement and understanding between you and us, and govern your use of the Inbox Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Shopify Inbox Terms).

14. Product Claims Against Apple and/or Google

The Shopify Inbox Terms are concluded between you and Shopify, and not with Apple and/or Google, and Apple and/or Google are not responsible for the Shopify Inbox application or the Shopify Inbox Services. Apple and Google are third party beneficiaries of the Shopify Inbox Terms, and upon your acceptance of the Shopify Inbox Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Shopify Inbox Terms against you. Shopify is responsible for providing maintenance and support with respect to the Shopify Inbox application and the Inbox Services. Apple and Google are not responsible for addressing any claims by you or any third party relating to the Inbox Service or your use of the Inbox Service, including but not limited to: (a) product liability claims; (b) any claim the Inbox Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

Shopify Inc. 151 O’Connor Street, Ground floor Ottawa, ON K2P 2L8 Canada

Last updated: August 9, 2021