Terms of Service

1. Account Terms

  1. To access and use the Services, you must register for a Shopify
  2. account (“Account”). To complete your Account registration, you
  3. must provide us with your full legal name, business address, phone
  4. number, a valid email address, and any other information indicated
  5. as required. Shopify may reject your application for an Account, or
  6. cancel an existing Account, for any reason, at our sole discretion.
  7. You must be the older of: (i) 18 years, or (ii) at least the age of
  8. majority in the jurisdiction where you reside and from which you
  9. use the Services to open an Account.
  10. You confirm that you are receiving any Services provided by Shopify
  11. for the purposes of carrying on a business activity and not for any
  12. personal, household or family purpose.
  13. You acknowledge that Shopify will use the email address you provide
  14. on opening an Account or as updated by you from time to time as the
  15. primary method for communication with you (“Primary Email
  16. Address”). You must monitor the Primary Email Address you provide
  17. to Shopify and your Primary Email Address must be capable of both
  18. sending and receiving messages. Your email communications with
  19. Shopify can only be authenticated if they come from your Primary
  20. Email Address.
  21. You are responsible for keeping your password secure. Shopify
  22. cannot and will not be liable for any loss or damage from your
  23. failure to maintain the security of your Account and password.
  24. We may request additional security measures at any time and reserve
  25. the right to adjust these requirements at our discretion.
  26. Technical support in respect of the Services is only provided to
  27. Shopify Users. Questions about the Terms of Service should be sent
  28. to Shopify Support.
  29. You agree not to reproduce, duplicate, copy, sell, resell or
  30. exploit any portion of the Service, use of the Services, or access
  31. to the Services without the express written permission by Shopify.
  32. You agree not to work around, bypass, or circumvent any of the technical
  33. limitations of the Services, including to process orders outside Shopify’s
  34. Checkout, use any tool to enable features or functionalities that are
  35. otherwise disabled in the Services, or decompile, disassemble or otherwise
  36. reverse engineer the Services.
  37. You agree not to access the Services or monitor any material or
  38. information from the Services using any robot, spider, scraper, or
  39. other automated means.
  40. You understand that your Materials may be transferred unencrypted
  41. and involve (a) transmissions over various networks; and (b)
  42. changes to conform and adapt to technical requirements of
  43. connecting networks or devices. “Materials” means Your
  44. Trademarks, copyright content, any products or services you sell
  45. through the Services (including description and price), and any
  46. photos, images, videos, graphics, written content, audio files,
  47. code, information, or other data provided or made available by you
  48. or your affiliates to Shopify or its affiliates.

2. Account Activation

2.1 Store Owner

  1. Subject to Section 2.1.2, the person signing up for the Service by
  2. opening an Account will be the contracting party (“Store Owner
  3. ”)
  4. for the purposes of our Terms of Service and will be the person who
  5. is authorized to use any corresponding Account we may provide to
  6. the Store Owner in connection with the Service. You are responsible
  7. for ensuring that the name of the Store Owner (including the legal
  8. name of the company that owns the Store, if applicable) is clearly
  9. visible on the Store’s website.
  10. If you are signing up for the Services on behalf of your employer,
  11. your employer will be the Store Owner. If you are signing up for
  12. the Services on behalf of your employer, then you must use your
  13. employer-issued email address and you represent and warrant that
  14. you have the authority to bind your employer to our Terms of
  15. Service.
  16. Your Shopify Store can only be associated with one Store Owner. A
  17. Store Owner may have multiple Shopify Stores. You agree to use
  18. Shopify Checkout for your store. “Store” means the online store
  19. (whether hosted by Shopify or on a third party website), or any
  20. storefront built on top of the Storefront API) or physical retail
  21. location(s) associated with the Account.

2.2 Staff Accounts

  1. Based on your Shopify pricing plan, you can create one or more
  2. staff accounts (“Staff Accounts”) allowing other people to
  3. access the Account. Each Staff Account must include a full legal
  4. name and a valid email account. With Staff Accounts, the Store
  5. Owner can set permissions and let other people work in their
  6. Account while determining the level of access by Staff Accounts to
  7. specific business information (for example, you can limit Staff
  8. Account access to sales information on the Reports page or prevent
  9. Staff Accounts from changing general store settings).
  10. The Store Owner is responsible for: (a) ensuring its employees,
  11. agents and subcontractors, including via Staff Accounts, comply
  12. with these Terms of Service; and (b) any breach of these Terms of
  13. Service by the Store Owner’s employees, agents or subcontractors.
  14. The Store Owner acknowledges and agrees that Store Owner will be
  15. responsible for the performance of all of its obligations under the
  16. Agreement, regardless of whether it sublicenses or subcontracts any
  17. such obligations to any third party, including but not limited to
  18. any affiliates or subsidiaries of Store Owner.
  19. The Store Owner and the users under Staff Accounts are each
  20. referred to as a “Shopify User”.

2.3 PayPal Express Checkout and Shopify Payments Accounts

  1. Upon completion of sign up for the Service, Shopify will create a
  2. PayPal Express Checkout account on your behalf, using your Primary
  3. Email Address. Depending on your location, Shopify may also create
  4. a Shopify Payments account on your behalf.
  5. You acknowledge that PayPal Express Checkout and/or Shopify
  6. Payments will be your default payments gateway(s) and that it is
  7. your sole responsibility as the Store Owner to activate and
  8. maintain these accounts. If you do not wish to keep either of the
  9. payment accounts active, it is your responsibility to deactivate
  10. them. For the avoidance of doubt, PayPal Express Checkout is a
  11. Third Party Service, as defined in Section 9.7.1 of these Terms of
  12. Service.

2.4 Shop Pay

  1. Upon completion of sign up for the Service, if you have been
  2. enrolled in Shopify Payments, Shop Pay will automatically appear as
  3. an accelerated checkout option on your checkout page. If you do not
  4. wish for Shop Pay to appear on your Store, it is your
  5. responsibility to remove it by managing your accelerated checkouts
  6. in your Shopify administrative console.
  7. If your customers have enabled Shop Pay, customers may purchase
  8. goods and services from your Shopify Store using Shop Pay.
  9. By using Shop Pay on your Shopify Store, you agree to be bound by
  10. the Shop Pay Merchant Terms of Service,
  11. as they may be amended by Shopify from time to time. If Shopify
  12. amends the Shop Pay Merchant Terms of Service, amendments are
  13. effective as of the date of posting. Your continued use of Shop Pay
  14. on your Store after the amended Shop Pay Merchant Terms of Service
  15. are posted constitutes your agreement to, and acceptance of, the
  16. amended Shop Pay Merchant Terms of Service. If you do not agree to
  17. any changes to the Shop Pay Merchant Terms of Service, it is your
  18. responsibility to remove Shop Pay by managing your accelerated
  19. checkouts in your Shopify administrative console.

2.5 Apple Pay for Safari Account

  1. Upon completion of sign up for the Service, Shopify will create an
  2. Apple Pay for Safari (“Apple Pay”) account on your behalf,
  3. using the URL(s) and business name associated with your Account.
  4. Depending on your location, Shopify may activate your Apple Pay
  5. account on your behalf, otherwise you will be required to activate
  6. your Apple Pay account within your Account admin. If you do not
  7. wish to keep your Apple Pay account active, it is your
  8. responsibility to deactivate it. For the avoidance of doubt, Apple
  9. Pay is a Third Party Service, as defined in Section 9.7.1 of these
  10. Terms of Service.
  11. If you use an Apple Pay supported payment gateway and your
  12. customers have enabled Apple Pay on their device, customers may
  13. purchase goods and services from your Store using Apple Pay.
  14. By using Apple Pay on your Store, you are agreeing to be bound by
  15. the Apple Pay Platform Web Merchant Terms and Conditions,
  16. as they may be amended by Apple from time to time. If Apple
  17. amends the Apple Pay Platform Web Merchant Terms and Conditions,
  18. the amended and restated version will be posted here:
  19. https://shopify.com/legal/apple-pay. Such amendments to the Apple Pay Platform
  20. Web Merchant Terms are effective as of the date of posting. Your
  21. continued use of Apple Pay on your Store after the amended Apple
  22. Pay Platform Web Merchant Terms are posted constitutes your
  23. agreement to, and acceptance of, the amended Apple Pay Platform Web
  24. Merchant Terms. If you do not agree to any changes to the Apple Pay
  25. Platform Web Merchant Terms, de-activate your Apple Pay account and
  26. do not continue to use Apple Pay on your Store.

2.6 Google Pay

  1. Upon completion of sign up for the Service, if you have been
  2. enrolled in Shopify Payments, Shopify will also create a Google Pay
  3. account on your behalf. If you do not wish to keep your Google Pay
  4. account active, it is your responsibility to deactivate it. For the
  5. avoidance of doubt, Google Pay is a Third Party Service, as defined
  6. in Section 9.7.1 of these Terms of Service.
  7. If you use a Google Pay supported payment gateway and your
  8. customers have enabled Google Pay, customers may purchase goods and
  9. services from your Store using Google Pay.
  10. By using Google Pay on your Store, you are agreeing to be bound by
  11. the Google Pay API Terms of Service,
  12. as they may be amended by Google from time to time. If Google
  13. amends the Google Pay API Terms of Service, the amended and
  14. restated version will be posted here: https://payments.developers.google.com/terms/sellertos.
  15. Such amendments to the Google Pay API Terms of Service are
  16. effective as of the date of posting. Your continued use of Google
  17. Pay on your Store after the amended Google Pay API Terms of Service
  18. are posted constitutes your agreement to, and acceptance of, the
  19. amended Google Pay API Terms of Service. If you do not agree to any
  20. changes to the Google Pay API Terms of Service, deactivate your
  21. Google Pay account and do not continue to use Google Pay on your
  22. Store.

2.7 Meta Pay

  1. Upon completion of sign up for the Service, if you have been
  2. enrolled in Shopify Payments, Shopify will also create a Meta
  3. Pay account on your behalf. If you do not wish to keep your
  4. Meta Pay account active, it is your responsibility to
  5. deactivate it. For the avoidance of doubt, Meta Pay is a Third
  6. Party Service, as defined in Section 9.7.1 of these Terms of
  7. Service.
  8. If you use a Meta Pay supported payment gateway and your
  9. customers have enabled Meta Pay, customers may purchase goods
  10. and services from your Store using Meta Pay.
  11. By using Meta Pay on your Store, you are agreeing to be bound
  12. by
  13. the Meta Pay Merchant Terms and Conditions,
  14. as they may be amended by Meta from time to time. If Meta
  15. amends the
  16. Meta Pay Merchant Terms and Conditions,
  17. such amendments will be effective as of the date of posting by
  18. Meta. Your continued use of Meta Pay on your Store after
  19. the
  20. amended Meta Pay Merchant Terms and Conditions
  21. are posted constitutes your agreement to, and acceptance of, the
  22. amended Meta Pay Merchant Terms and Conditions.
  23. If you do not agree to any changes to the
  24. Meta Pay Merchant Terms and Conditions,
  25. de-activate your Meta Pay account and do not continue to use
  26. Meta Pay on your Store.

2.8 Amazon Pay

  1. Upon completion of sign up for the Service, if you have been enrolled in Shopify Payments and you have enabled Amazon Pay within your Shopify Admin, Shopify will also create an Amazon Pay account on your behalf. If you do not wish to keep your Amazon Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Amazon Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
  2. If you use an Amazon Pay supported payment gateway and your customers have enabled Amazon Pay, customers may purchase goods and services from your Store using Amazon Pay.
  3. By using Amazon Pay on your Store, you are agreeing to be bound by the Amazon Payments, Inc. Customer Agreement, as it may be amended by Amazon from time to time. If Amazon amends the Amazon Payments, Inc. Customer Agreement, the amended and restated version will be posted here: Amazon Payments, Inc. Customer Agreement. Such amendments to the Amazon Payments, Inc. Customer Agreement are effective as of the date of posting. Your continued use of Amazon Pay on your Store after the amended Amazon Payments, Inc. Customer Agreement is posted constitutes your agreement to, and acceptance of, the amended Amazon Payments, Inc. Customer Agreement. If you do not agree to any changes to the Amazon Payments, Inc. Customer Agreement, deactivate your Amazon Pay account and do not continue to use Amazon Pay on your Store.

2.9 Domain Names

  1. Upon purchasing a domain name through Shopify, domain registration
  2. will be preset to automatically renew each year so long as your
  3. Shopify Account remains active. You acknowledge that it is your
  4. sole responsibility to deactivate the auto-renewal function should
  5. you choose to do so.

3. Shopify Rights

  1. The Services have a range of features and functionalities. Not all
  2. Services or features will be available to all Merchants at all
  3. times and we are under no obligation to make any Services or
  4. features available in any jurisdiction. Except where prohibited in
  5. these Terms of Service or by applicable law, we reserve the right
  6. to modify the Services or any part thereof for any reason, without
  7. notice and at any time.
  8. Shopify does not pre-screen Materials and it is in our sole
  9. discretion to refuse or remove any Materials from any part of the
  10. Services, including if we determine in our sole discretion that the
  11. goods or services that you offer through the Services, or the
  12. Materials uploaded or posted to the Services, violate our AUP or
  13. these Terms of Service.
  14. Verbal or written abuse of any kind (including threats of abuse or
  15. retribution) of any Shopify employee, member, or officer will
  16. result in immediate Account termination.
  17. We reserve the right to provide our Services to your competitors
  18. and make no promise of exclusivity. You further acknowledge and
  19. agree that Shopify employees and contractors may also be Shopify
  20. customers or merchants and that they may compete with you, although
  21. they may not use your Confidential Information (as defined in
  22. Section 6) in doing so.
  23. In the event of a dispute regarding Account ownership, we reserve
  24. the right to request documentation to determine or confirm Account
  25. ownership. Documentation may include, but is not limited to, a
  26. scanned copy of your business license, government issued photo ID,
  27. the last four digits of the credit card on file, or confirmation of
  28. your status as an employee of an entity.
  29. Shopify reserves the right to determine, in our sole discretion,
  30. rightful Account ownership and transfer an Account to the rightful
  31. Store Owner. If we are unable to reasonably determine the rightful
  32. Store Owner, without prejudice to our other rights and remedies,
  33. Shopify reserves the right to temporarily suspend or disable an
  34. Account until resolution has been determined between the disputing
  35. parties.

4. Your Responsibilities

  1. You acknowledge and agree to provide public-facing contact
  2. information, a refund policy and order fulfilment timelines on your
  3. Shopify Store.
  4. You acknowledge and agree that the Services are not a marketplace,
  5. and any contract of sale made through the Services is directly
  6. between you and the customer. You are the seller of record for all
  7. items you sell through the Services. You are responsible for the
  8. creation and operation of your Shopify Store, your Materials, the
  9. goods and services that you may sell through the Services, and all
  10. aspects of the transactions between you and your customer(s). This
  11. includes, but is not limited to, authorizing the charge to the
  12. customer in respect of the customer’s purchase, refunds, returns,
  13. fulfilling any sales or customer service, fraudulent transactions,
  14. required legal disclosures, regulatory compliance, alleged or
  15. actual violation of applicable laws (including but not limited to
  16. consumer protection laws in any jurisdiction where you offer
  17. products or services for sale), or your breach of these Terms of
  18. Service. You represent and warrant that your Store, your Materials
  19. and the goods and services you sell through the Services will be
  20. true, accurate, and complete, and will not violate any applicable
  21. laws, regulations or rights of third parties. For the avoidance of
  22. doubt, Shopify will not be the seller or merchant or record and
  23. will have no responsibility for your Store or items sold to
  24. customers through the Services.
  25. You are solely responsible for the goods or services that you may
  26. sell through the Services (including description, price, fees, tax
  27. that you calculate, defects, required legal disclosures, regulatory
  28. compliance, offers or promotional content), including compliance
  29. with any applicable laws or regulations.
  30. You may not use the Shopify Services for any illegal or
  31. unauthorized purpose nor may you, in the use of the Service,
  32. violate any laws in your jurisdiction (including but not limited to
  33. copyright laws), the laws applicable to you in your customer’s
  34. jurisdiction, or the laws of Canada and the Province of Ontario.
  35. You will comply with all applicable laws, rules and regulations
  36. (including but not limited to obtaining and complying with the
  37. requirements of any license or permit that may be necessary to
  38. operate your store or that may be held by you) in your use of the
  39. Service and your performance of obligations under the Terms of
  40. Service.
  41. The API Terms govern your
  42. access to and use of the Shopify API (as defined therein). You are
  43. solely responsible for the activity that occurs using your API
  44. Credentials (as defined in the API Terms) and for keeping your API
  45. Credentials secure.
  46. You agree to use Shopify Checkout for any sales associated with your
  47. online store. “Shopify Checkout” means Shopify’s checkout experience
  48. that allows Customers to enter their shipping information and payment
  49. details after adding item(s) to their cart and before placing an order,
  50. including checkouts that occur through the Shopify Checkout API.

5. Payment of Fees and Taxes

  1. You will pay the Fees applicable to your subscription to Online
  2. Service and/or POS Services (“Subscription Fees”) and any other
  3. applicable fees, including but not limited to applicable fees
  4. relating to the value of sales made through your Store when using
  5. all payment providers other than Shopify Payments (“Transaction
  6. Fees”), and any fees relating to your purchase or use of any
  7. products or services such as Shopify Payments, POS Equipment,
  8. shipping, apps, Themes, domain names, Experts Marketplace, or Third
  9. Party Services (“Additional Fees”). Together, the Subscription
  10. Fees, Transaction Fees and the Additional Fees are referred to as
  11. the “Fees”.
  12. You must keep a valid payment method on file with us to pay for all
  13. incurred and recurring Fees. Shopify will charge applicable Fees to
  14. any valid payment method that you authorize (“Authorized Payment
  15. Method”), and Shopify will continue to charge the Authorized
  16. Payment Method for applicable Fees until the Services are
  17. terminated, and any and all outstanding Fees have been paid in
  18. full. Unless otherwise indicated, all Fees and other charges are in
  19. U.S. dollars, and all payments will be in U.S. currency.
  20. Subscription Fees are paid in advance and will be billed in 30 day
  21. intervals (each such date, a “Billing Date”). Transaction Fees and
  22. Additional Fees will be charged from time to time at Shopify’s
  23. discretion. You will be charged on each Billing Date for all
  24. outstanding Fees that have not previously been charged. Fees will
  25. appear on an invoice, which will be sent to the Store Owner via the
  26. Primary Email Address provided. As well, an invoice will appear on
  27. the Account page of your Store’s administrative console. Users have
  28. approximately two weeks to bring up and settle any issues with the
  29. billing of Subscription Fees.
  30. If we are not able to process payment of Fees using an Authorized
  31. Payment Method, we may make subsequent attempts to process payment
  32. using any Authorized Payment Method. If we are unable to successfully
  33. process payment of Fees using an Authorized Payment Method within
  34. 28 days of our initial attempt, we may suspend and revoke access
  35. to your Account and the Services. Your Account will be reactivated
  36. upon your payment of any outstanding Fees, plus the Fees applicable
  37. to your next billing cycle. You may not be able to access your Account
  38. or your storefront during any period of suspension. If the outstanding
  39. Fees remain unpaid for 60 days following the date of suspension,
  40. Shopify reserves the right to terminate your Account in accordance
  41. with Section 14.
  42. All Fees are exclusive of applicable federal, provincial, state,
  43. local or other governmental sales, goods and services (including
  44. Goods and Sales Tax under the Goods and Services Tax Act, Chapter
  45. 117A of Singapore), harmonized or other taxes, fees or charges now
  46. in force or enacted in the future (“Taxes”).
  47. You are responsible for all applicable Taxes that arise from or as
  48. a result of your subscription to or purchase of Shopify’s products
  49. and services. To the extent that Shopify charges these Taxes, they
  50. are calculated using the tax rates that apply based on the billing
  51. address you provide to us. Such amounts are in addition to the Fees
  52. for such products and services and will be billed to your
  53. Authorized Payment Method. If you are exempt from payment of such
  54. Taxes, you must provide us with evidence of your exemption, which
  55. in some jurisdictions includes an original certificate that
  56. satisfies applicable legal requirements attesting to tax-exempt
  57. status. Tax exemption will only apply from and after the date we
  58. receive evidence satisfactory to Shopify of your exemption. If you
  59. are not charged Taxes by Shopify, you are responsible for
  60. determining if Taxes are payable, and if so, self-remitting Taxes
  61. to the appropriate tax authorities in your jurisdiction.
  62. For the avoidance of doubt, all sums payable by you to Shopify
  63. under these Terms of Service will be paid free and clear of any
  64. deductions or withholdings whatsoever. Other than Taxes charged by
  65. Shopify to you and remitted to the appropriate tax authorities on
  66. your behalf, any deductions or withholdings that are required by
  67. law will be borne by you and paid separately to the relevant
  68. taxation authority. Shopify will be entitled to charge the full
  69. amount of Fees stipulated under these Terms of Service to your
  70. Authorized Payment Method ignoring any such deduction or
  71. withholding that may be required.
  72. You are solely responsible for determining, collecting,
  73. withholding, reporting, and remitting applicable taxes, duties,
  74. fees, surcharges and additional charges that arise from or as a
  75. result of any sale on your Shopify Store or your use of the
  76. Services. The Services are not a marketplace. Any contract of sale
  77. made through the Services is directly between you and the customer.
  78. You must maintain an accurate location in the administrative
  79. console of your Shopify Store. If you change jurisdictions you must
  80. promptly update your location in the administrative console.
  81. Shopify does not provide refunds.

6. Confidentiality

  1. Confidential Information” will include, but will not be limited
  2. to, any and all information associated with a party’s business and
  3. not publicly known, including specific business information,
  4. technical processes and formulas, software, customer lists,
  5. prospective customer lists, names, addresses and other information
  6. regarding customers and prospective customers, product designs,
  7. sales, costs (including any relevant processing fees), price lists,
  8. and other unpublished financial information, business plans and
  9. marketing data, and any other confidential and proprietary
  10. information, whether or not marked as confidential or proprietary.
  11. Shopify’s Confidential Information includes all information that
  12. you receive relating to us, or to the Services, that is not known
  13. to the general public including information related to our security
  14. program and practices.
  15. Each party agrees to use the other party’s Confidential Information
  16. solely as necessary for performing its obligations under these
  17. Terms of Service and in accordance with any other obligations in
  18. these Terms of Service including this Section 6. Each party agrees
  19. that it will take all reasonable steps, at least substantially
  20. equivalent to the steps it takes to protect its own proprietary
  21. information, to prevent the duplication, disclosure or use of any
  22. such Confidential Information, other than (i) by or to its
  23. employees, agents and subcontractors who must have access to such
  24. Confidential Information to perform such party’s obligations
  25. hereunder, who each will treat such Confidential Information as
  26. provided herein, and who are each subject to obligations of
  27. confidentiality to such party that are at least as stringent as
  28. those contained herein; or (ii) as required by any law, regulation,
  29. or order of any court of proper jurisdiction over the parties and
  30. the subject matter contained in these Terms of Service, provided
  31. that, if legally permitted, the receiving party will give the
  32. disclosing party prompt written notice and use commercially
  33. reasonable efforts to ensure that such disclosure is accorded
  34. confidential treatment. Confidential Information will not include
  35. any information that the receiving party can prove: (A) was already
  36. in the public domain, or was already known by or in the possession
  37. of the receiving party, at the time of disclosure of such
  38. information; (B) is independently developed by the receiving party
  39. without use of or reference to the other party’s Confidential
  40. Information, and without breaching any provisions of these Terms of
  41. Service; or (C) is thereafter rightly obtained by the receiving
  42. party from a source other than the disclosing party without
  43. breaching any provision of these Terms of Service.

7. Limitation of Liability and Indemnification

  1. You expressly understand and agree that, to the extent permitted by
  2. applicable laws, Shopify and its suppliers will not be liable for
  3. any direct, indirect, incidental, special, consequential or
  4. exemplary damages, including but not limited to, damages for loss
  5. of profits, goodwill, use, data or other intangible losses arising
  6. out of or relating to the use of or inability to use the Service or
  7. these Terms of Service (however arising, including negligence).
  8. You agree to indemnify and hold us and (as applicable) our parent,
  9. subsidiaries, affiliates, Shopify partners, officers, directors,
  10. agents, employees, and suppliers harmless from any claim or demand,
  11. including reasonable attorneys’ fees, made by any third party due
  12. to or arising out of (a) your breach of these Terms of Service or
  13. the documents it incorporates by reference (including the AUP); (b)
  14. or your violation of any law or the rights of a third party; or (c)
  15. any aspect of the transaction between you and your Customer,
  16. including but not limited to refunds, fraudulent transactions,
  17. alleged or actual violation of applicable laws (including but not
  18. limited to Federal and State consumer protection laws), or your
  19. breach of the Terms of Service.
  20. You will be responsible for any breach of the Terms of Service by
  21. your affiliates, agents or subcontractors and will be liable as if
  22. it were your own breach.
  23. Your use of the Services is at your sole risk. The Services are
  24. provided on an “as is” and “as available” basis without any
  25. warranty or condition, express, implied or statutory.
  26. Shopify does not warrant that the Services will be uninterrupted,
  27. timely, secure, or error-free.
  28. Shopify does not warrant that the results that may be obtained from
  29. the use of the Services will be accurate or reliable.
  30. Shopify is not responsible for any of your tax obligations or
  31. liabilities related to the use of Shopify’s Services.
  32. Shopify does not warrant that the quality of any products,
  33. services, information, or other materials purchased or obtained by
  34. you through the Services will meet your expectations, or that any
  35. errors in the Services will be corrected.

8. Intellectual Property and Your Materials

8.1 Your Materials

  1. We do not claim ownership of the Materials you provide to Shopify;
  2. however, we do require a license to those Materials. You grant
  3. Shopify a non-exclusive, transferable, sub-licensable,
  4. royalty-free, worldwide right and license to host, use, distribute,
  5. expose, modify, run, copy, store, publicly perform, communicate to
  6. the public (including by telecommunication), broadcast, reproduce,
  7. make available, display, and translate, and create derivative works
  8. of any Materials provided by you in connection with the Services.
  9. We may use our rights under this license to operate, provide, and
  10. promote the Services and to perform our obligations and exercise
  11. our rights under the Terms of Service. You represent, warrant, and
  12. agree that you have all necessary rights in the Materials to grant
  13. this license. You irrevocably waive any and all moral rights you
  14. may have in the Materials in favour of Shopify and agree that this
  15. waiver may be invoked by anyone who obtains rights in the materials
  16. through Shopify, including anyone to whom Shopify may transfer or
  17. grant (including by way of license or sublicense) any rights in the
  18. Materials.
  19. If you owned the Materials before providing them to Shopify then,
  20. despite uploading them to your Shopify Store they remain yours,
  21. subject to any rights or licenses granted in the Terms of Service
  22. or elsewhere. You can remove your Shopify Store at any time by
  23. deleting your Account. Removing your Shopify Store does not
  24. terminate any rights or licenses granted to the Materials that
  25. Shopify requires to exercise any rights or perform any obligations
  26. that arose during the Term.
  27. You agree that Shopify can, at any time, review and delete any or
  28. all of the Materials submitted to the Services, although Shopify is
  29. not obligated to do so.
  30. You grant Shopify a non-exclusive, transferable, sub-licensable,
  31. royalty-free, worldwide right and license to use the names,
  32. trademarks, service marks and logos associated with your Store
  33. (“Your Trademarks”) to operate, provide, and promote the Services
  34. and to perform our obligations and exercise our rights under the
  35. Terms of Service. This license will survive any termination of the
  36. Terms of Service solely to the extent that Shopify requires the
  37. license to exercise any rights or perform any obligations that
  38. arose during the Term.

8.2 Shopify Intellectual Property

  1. You agree that you may not use any trademarks, logos, or service
  2. marks of Shopify, whether registered or unregistered, including but
  3. not limited to the word mark SHOPIFY, the word mark SHOP, the word
  4. mark SHOP PAY, and the “S” and shopping bag design mark (“Shopify
  5. Trademarks”) unless you are authorized to do so by Shopify in
  6. writing. You agree not to use or adopt any marks that may be
  7. considered confusing with the Shopify Trademarks. You agree that
  8. any variations or misspellings of the Shopify Trademarks would be
  9. considered confusing with the Shopify Trademarks.
  10. You agree not to purchase, register, or use search engine or other
  11. pay-per-click keywords (such as Google Ads), trademarks, email
  12. addresses, social media names, or domain names (including without
  13. limitation top-level domains, sub-domains, and page URLs) that use
  14. or include Shopify or Shopify Trademarks or that use or include any
  15. terms that may be confusing with the Shopify Trademarks.
  16. You acknowledge and agree that the Terms of Service do not give you
  17. any right to implement Shopify patents.

9. Additional Services

9.1 POS Services

  1. In addition to the terms applicable to Services generally, the
  2. following terms apply to your access and use of the POS Services.
  3. The POS Services include the Shopify POS software (“POS Software”),
  4. the Shopify POS website, located at https://shopify.com/pos,
  5. programs, documentation, apps, tools, internet-based services and
  6. components, Shopify’s POS hardware (“POS Equipment”) and any
  7. updates thereto provided to you by Shopify.
  8. Access to and use of the POS Services requires that you have an
  9. active and valid Account.
  10. If your POS Services are enabled with Shopify Payments, you cannot
  11. concurrently use any other payment processing service. The payment
  12. gateway used for your POS Services must be the same as that used
  13. for your Online Services, if applicable.
  14. You can terminate your POS Services without terminating your
  15. Account or any other Services you subscribe to, and in such case,
  16. you will continue to be billed, and will pay for, the Services
  17. (other than the terminated POS Services).
  18. You agree to use the POS Services in accordance with all procedures
  19. that may be provided by Shopify from time to time.
  20. While the POS Services use encryption technology, and the law
  21. generally prohibits third parties from monitoring transmission, we
  22. cannot guarantee security with respect to the connection to the POS
  23. Services, and we will not be liable for any unauthorized access to
  24. or use of data transmitted via the POS Services.
  25. POS Equipment is purchased, and not leased. Purchase of the POS
  26. Equipment is subject to the POS Equipment Agreement, POS Equipment
  27. Agreement and Return Policy, applicable to your country.
  28. Upon payment by you for the POS Equipment, and confirmation to you of
  29. shipment of the POS equipment, you will acquire ownership of and title to the hardware
  30. components of the POS Equipment, and you will be licensed to access
  31. and use all POS Software installed in the POS Equipment (and any
  32. updates thereto), on a limited, non-exclusive, revocable,
  33. non-sublicensable, non-transferable basis, solely for the purposes
  34. of using the POS Services. Returns and refunds are not available
  35. for the Chip & Swipe Reader, Swipe (Audio Jack) and physical gift
  36. cards purchased from the Shopify Hardware Store.
  37. The Fees for POS Services will be determined based on the number of
  38. locations at which you are using the POS Services. Locations are
  39. defined by business address and are used for associating orders
  40. with a specific business address. Locations are added through the
  41. Shopify web administrative console associated with your Account.
  42. The number of locations using POS Services will also be detected by
  43. us and billed accordingly as part of your regular billing cycle. In
  44. the event of any discrepancy between the number of locations added
  45. by you through the Shopify web administrative console and the
  46. number of locations detected by Shopify, the number of locations
  47. detected by Shopify will be deemed to be correct.

9.2 Shopify Shipping

  1. You can purchase shipping labels from within your Shopify
  2. administrative console (“Shopify Shipping”) for delivery of goods
  3. purchased from you from your Shopify Store. In addition to these
  4. Terms of Service, your access to and use of Shopify Shipping is
  5. subject to the Shopify Shipping Terms of Service, located at
  6. (a) https://www.shopify.com/legal/terms-shipping-us if you are
  7. shipping from the United States;
  8. (b) https://www.shopify.com/legal/terms-shipping-ca, if you are
  9. shipping from Canada; and
  10. (c) https://www.shopify.com/legal/terms-shipping-global, if you are
  11. shipping from a location outside of Canada and the United States.

9.3 SMS Messaging

  1. The Services allow you to send certain communications to your
  2. customers by short message service (SMS) messaging (for example,
  3. sending order confirmation notifications via SMS) (the "SMS
  4. Services"). You will only use the SMS Services in compliance with
  5. these Terms of Service, any other applicable terms (including Nexmo
  6. Inc.'s Acceptable Use Policy and Twilio’s
  7. Acceptable Use Policy,
  8. as may be amended from time to time), and the laws of the
  9. jurisdiction from which you send messages, and in which your
  10. messages are received.

9.4 Theme Store

  1. You may establish the appearance of your Shopify Store with a
  2. design template from Shopify’s Theme Store (a “Theme”). If you
  3. download a Theme, you are licensed to use it for a single Store
  4. only. You are free to transfer a Theme to a second one of your own
  5. Stores if you close your first Store. To initiate a transfer of a
  6. Theme to a second one of your Stores, please contact Shopify
  7. Support. You are not permitted to transfer or sell a Theme to any
  8. other person’s Store on Shopify or elsewhere. Multiple Stores
  9. require multiple downloads and each download is subject to the
  10. applicable fee. Shopify gives no assurance that a particular Theme
  11. will remain available for additional downloads.
  12. You may modify the Theme to suit your Store. Shopify may add or
  13. modify the footer in a Theme that refers to Shopify at its
  14. discretion. Shopify may modify the Theme where it contains, in our
  15. sole discretion, an element that violates the Shopify AUP or other
  16. provisions of the Terms of Service, even if you received the Theme
  17. in that condition. Shopify may modify the Theme to reflect
  18. technical changes and updates as required.
  19. The intellectual property rights of the Theme remain the property
  20. of the designer. If you exceed the rights granted by your purchase
  21. of a Theme, the designer may take legal action against you, and,
  22. without prejudice to our other rights or remedies, Shopify may take
  23. administrative action such as modifying your Store or closing your
  24. Store.
  25. Technical support for a Theme is the responsibility of the
  26. designer, and Shopify accepts no responsibility to provide such
  27. support. Shopify may be able to help you contact the designer.
  28. It is the responsibility of the user, and not Shopify, to ensure
  29. that the installation of a new theme does not overwrite or damage
  30. the current or preexisting theme, or UI, of the user.

9.5 Shopify Email

You may generate or send email from your Account using the Shopify email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Shopify’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:

  1. Shopify employs certain controls to scan the content of emails you
  2. deliver using the Email Services prior to delivery (“Content
  3. Scanning”). Such Content Scanning is intended to limit spam,
  4. phishing, or other malicious content that contravenes these Terms
  5. of Service, or Shopify’s Acceptable Use Policy (collectively,
  6. Threats”). By using the Email Services, you explicitly grant
  7. Shopify the right to employ such Content Scanning. Shopify does not
  8. warrant that the Email Services will be free from Threats, and each
  9. Shopify merchant is responsible for all content generated by their
  10. respective Stores.
  11. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU
  12. AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL
  13. SERVICES REQUIREMENTS”). SHOPIFY, OR ITS THIRD PARTY PROVIDERS, MAY
  14. SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES
  15. IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
  16. Your use of the Email Services must comply with all applicable
  17. laws. Examples of applicable laws include laws relating to spam or
  18. unsolicited commercial email (“UCE”), privacy, security, obscenity,
  19. defamation, intellectual property, pornography, terrorism, homeland
  20. security, gambling, child protection, and other applicable laws. It
  21. is your responsibility to know and understand the laws applicable
  22. to your use of the Email Services and the emails you generate or
  23. send through the Email Services.
  24. Your use of the Email Services must comply with Shopify’s Privacy
  25. Policy. It is your responsibility to read and understand the
  26. Privacy Policy applicable to your use of the Email Services and the
  27. emails you generate or send through the Email Services.
  28. You will use commercially reasonable efforts not to send sensitive
  29. personal data, including information regarding an individual’s
  30. medical or health condition, race or ethnic origin, political
  31. opinions, religious or philosophical beliefs, or other sensitive
  32. data (collectively, “Sensitive Data”) through the Email Services.
  33. It is your responsibility to read and understand your obligations
  34. in relation to Sensitive Data.
  35. Your use of the Email Services must follow all applicable
  36. guidelines established by Shopify. The guidelines below are
  37. examples of practices that may violate the Email Services
  38. Requirements when generating, or sending emails through the Email
  39. Services:
    1. using non-permission based email lists (i.e., lists in which each
    2. recipient has not explicitly granted permission to receive emails
    3. from you by affirmatively opting-in to receive those emails);
    4. using purchased or rented email lists;
    5. using third party email addresses, domain names, or mail servers
    6. without proper permission;
    7. sending emails to non-specific addresses (e.g.,
    8. webmaster@domain.com or info@domain.com);
    9. sending emails that result in an unacceptable number of spam or
    10. UCE complaints (even if the emails themselves are not actually
    11. spam or UCE);
    12. failing to include a working “unsubscribe” link in each email that
    13. allows the recipient to remove themselves from your mailing list;
    14. failing to comply with any request from a recipient to be removed
    15. from your mailing list within 10 days of receipt of the request;
    16. failing to include in each email a link to the then-current
    17. privacy policy applicable to that email;
    18. disguising the origin or subject matter of any email or falsifying
    19. or manipulating the originating email address, subject line,
    20. headers, or transmission path information for any email;
    21. failing to include in each email your valid physical mailing
    22. address or a link to that information; or
    23. including “junk mail,” “chain letters,” “pyramid schemes,
    24. incentives (e.g., coupons, discounts, awards, or other incentives)
    25. or other material in any email that encourages a recipient to
    26. forward the Email to another recipient.
  40. If you or a customer knows of or suspects any violations of the
  41. Email Services Requirements, please notify Shopify at
  42. abuse@shopify.com. Shopify will determine compliance with the
  43. Email Services Requirements in its discretion.
  44. Shopify’s Email Services utilize Third Party Providers, including
  45. SendGrid (a Twilio Company). Your use of the Email Services is
  46. subject to SendGrid’s Acceptable Use Policy
  47. as it may be amended by SendGrid from time to time.

9.6 Shop App

  1. The Shop app is a Shopify application that is available to Eligible
  2. Merchants (defined below) (the “Shop App”, more details
  3. here)
  4. to engage with customers that use the Shop App (each, a “Shop App
  5. User”).
  6. The Shop App is deemed to be a part of the Services, and all terms
  7. applicable to the Services apply. Without limiting the generality
  8. of the preceding sentence, and subject to these Terms of Service
  9. and all applicable guidelines and policies, Shopify reserves the
  10. right to refuse a Merchant access to or use of all or part of the
  11. Shop App for any reason and at any time without prior notice. Only
  12. those Merchants who meet all merchant requirements and do not sell
  13. any prohibited products, as outlined in the Shop Merchant
  14. Guidelines
  15. (as may be amended from time to time), are eligible to access
  16. and use the Shop App Services (“Eligible Merchants”).
  17. We may display your Materials, including product or service
  18. listings, Your Trademarks and any other content, data, or
  19. information from your Shopify Store on the Shop App. While the Shop
  20. App enables Shop App Users to shop natively in the Shop App, the
  21. transaction is completed on your Shopify Store. For clarity and
  22. avoidance of doubt, Section 7 (Limitation of Liability) and Section
  23. 8 (Intellectual Property) apply to the use of your Materials
  24. on the Shop App and your responsibility for your Materials and
  25. purchases made through your Shopify Store.
  26. Your Materials and your use of the Shop App must comply at all
  27. times with our Shop App Merchant Guidelines,
  28. these Terms of Service, the Additional Terms, all other
  29. applicable policies and guidelines, and applicable law.
  30. As in other areas of the Service, Shopify is not obligated to
  31. intervene in any dispute arising between you and your customers
  32. (including Shop App Users).
  33. On the Shop App, content is ranked by factors including relevance
  34. to a search query or a user’s interests, image quality, domain
  35. quality and how frequently other users have engaged with the content.
  36. For more information about how we display content on the Shop App, see our Shop App help documentation.
  37. If you do not wish for your Materials to be available in the Shop
  38. App, it is your responsibility to manage or deactivate this
  39. Service. If you have the Shop App merchant channel installed,
  40. please see instructions
  41. here.
  42. If you do not yet have the Shop App merchant channel installed on
  43. your Shopify Store, install it here.
  44. If the Shop App merchant channel is not currently supported in your
  45. country, please contact support to remove
  46. your Materials from the Shop App. Note that if you remove your
  47. Materials from the Shop App, Shop App Users who purchase from your
  48. Shopify Store will continue to be able to view, manage and track
  49. orders from your Shopify Store in the Shop App. If you delete your
  50. Shopify Account, your Materials will be removed from the Shop App.

9.7 Third Party Services, Experts, and Experts Marketplace

  1. Shopify may from time to time recommend, provide you with access
  2. to, or enable third party software, applications (“Apps”),
  3. products, services or website links (collectively, “Third Party
  4. Services”) for your consideration or use, including via the Shopify
  5. App Store, or Experts Marketplace. Such Third Party Services are
  6. made available only as a convenience, and your purchase, access or
  7. use of any such Third Party Services is solely between you and the
  8. applicable third party services provider (“Third Party Provider”).
  9. In addition to these Terms of Service, you also agree to be bound
  10. by the additional service-specific terms applicable to services you
  11. purchase from, or that are provided by, Third Party Providers.
  12. Shopify Experts is an online directory of independent third
  13. parties (“Experts”) that can help you build and operate your
  14. Shopify Store.
  15. You can engage and work with an Expert directly or through Experts
  16. Marketplace. Experts Marketplace provides you with recommendations
  17. on Experts that can assist you with different aspects of your
  18. Store. Using Experts Marketplace, you can find, hire, and
  19. communicate with Experts directly from your Account admin.
  20. Any use by you of Third Party Services offered through the
  21. Services, Shopify Experts, Experts Marketplace or Shopify’s website
  22. is entirely at your own risk and discretion, and it is your
  23. responsibility to read the terms and conditions and/or privacy
  24. policies applicable to such Third Party Services before using them.
  25. In some instances, Shopify may receive a revenue share from Third
  26. Party Providers that Shopify recommends to you or that you
  27. otherwise engage through your use of the Services, Shopify Experts,
  28. Experts Marketplace or Shopify’s website.
  29. We do not provide any warranties or make representations to you
  30. with respect to Third Party Services. You acknowledge that Shopify
  31. has no control over Third Party Services and will not be
  32. responsible or liable to you or anyone else for such Third Party
  33. Services. The availability of Third Party Services on Shopify’s
  34. websites, including the Shopify App Store or Experts Marketplace,
  35. or the integration or enabling of such Third Party Services with
  36. the Services does not constitute or imply an endorsement,
  37. authorization, sponsorship, or affiliation by or with Shopify.
  38. Shopify does not guarantee the availability of Third Party Services
  39. and you acknowledge that Shopify may disable access to any Third
  40. Party Services at any time in its sole discretion and without
  41. notice to you. Shopify is not responsible or liable to anyone for
  42. discontinuation or suspension of access to, or disablement of, any
  43. Third Party Service. Shopify strongly recommends that you seek
  44. specialist advice before using or relying on Third Party Services,
  45. to ensure they will meet your needs. In particular, tax calculators
  46. should be used for reference only and not as a substitute for
  47. independent tax advice, when assessing the correct tax rates you
  48. should charge to your customers.
  49. If you install or enable a Third Party Service for use with the
  50. Services, you grant us permission to allow the applicable Third
  51. Party Provider to access your data and other Materials and to take
  52. any other actions as required for the interoperation of the Third
  53. Party Service with the Services, and any exchange of data or other
  54. Materials or other interaction between you and the Third Party
  55. Provider is solely between you and such Third Party Provider.
  56. Shopify is not responsible for any disclosure, modification or
  57. deletion of your data or other Materials, or for any corresponding
  58. losses or damages you may suffer, as a result of access by a Third
  59. Party Service or a Third Party Provider to your data or other
  60. Materials. Google Maps is a Third Party Service that is used within
  61. the Services. Your use of the Services is subject to your
  62. acceptance of the Google Maps and Earth Enterprise Universal
  63. Acceptable Use Policy, Google Maps and Google Earth Additional
  64. Terms of Service and Google Privacy Policy as it may be amended by
  65. Google from time to time.
  66. You acknowledge and agree that: (i) by submitting a request for
  67. assistance or other information through Experts Marketplace, you
  68. consent to being contacted by one or more Experts at the Primary
  69. Email Address (or such other email address provided by you) as well
  70. as the applicable user email address; and (ii) Shopify will receive
  71. all email communications exchanged via Experts Marketplace or in
  72. any reply emails (each a “Reply”) that originate from Experts
  73. Marketplace (directly or indirectly) between yourself and Experts.
  74. You further agree that Shopify may share your contact details and
  75. the background information that you submit via the Experts
  76. Marketplace with Experts. Experts may require access to certain
  77. admin pages on your Shopify Store. You choose the pages that the
  78. Experts can access.
  79. The relationship between you and any Third Party Provider is
  80. strictly between you and such Third Party Provider, and Shopify is
  81. not obligated to intervene in any dispute arising between you and a
  82. Third Party Provider.
  83. Under no circumstances will Shopify be liable for any direct,
  84. indirect, incidental, special, consequential, punitive,
  85. extraordinary, exemplary or other damages whatsoever, that result
  86. from any Third Party Services or your contractual relationship with
  87. any Third Party Provider, including any Expert. These limitations
  88. will apply even if Shopify has been advised of the possibility of
  89. such damages. The foregoing limitations will apply to the fullest
  90. extent permitted by applicable law.
  91. You agree to indemnify and hold us and (as applicable) our parent,
  92. subsidiaries, affiliates, Shopify partners, officers, directors,
  93. agents, employees, and suppliers harmless from any claim or
  94. demand, including reasonable attorneys’ fees, arising out of your
  95. use of a Third Party Service or your relationship with a Third
  96. Party Provider.

9.8 Beta Services

  1. From time to time, Shopify may, in its sole discretion, invite
  2. you to use, on a trial basis, pre-release or beta features that
  3. are in development and not yet available to all merchants
  4. (“Beta Services”). Beta Services are not part of the
  5. Services, and Beta Services may be subject to additional terms
  6. and conditions, which Shopify will provide to you prior to your
  7. use of the Beta Services. Such Beta Services and all associated
  8. conversations and materials relating thereto will be considered
  9. Shopify Confidential Information and subject to the
  10. confidentiality provisions in this agreement. Without limiting
  11. the generality of the foregoing, you agree that you will not make
  12. any public statements or otherwise disclose your participation in
  13. the Beta Services without Shopify’s prior written consent.
  14. Shopify makes no representations or warranties that the Beta
  15. Services will function. Shopify may discontinue the Beta Services
  16. at any time in its sole discretion. Shopify will have no
  17. liability for any harm or damage arising out of or in connection
  18. with a Beta Service. The Beta Services may not work in the same
  19. way as a final version. Shopify may change or not release a final
  20. or commercial version of a Beta Service in our sole discretion.

9.9 Shopify Pixel Manager

Shopify allows you to add pixels to your Shopify Store to enable you or a third party to track customer events (the “Shopify Pixel Manager”). You may manage your pixels from within the user interface in the administrative console of your Shopify Store.

  1. In addition to the terms applicable to your use of the Services generally

  2. (including these Terms of Service, Shopify’s Acceptable Use Policy, and
  3. Privacy Policy), the following terms apply to your access to and use of the Shopify Pixel Manager;
  4. a. You will comply with all applicable laws and obtain all necessary
  5. consents from every site visitor and customer whose events you track;
  6. b. If you provide Shopify with any data collected using pixels, including
  7. names, email addresses, phone numbers, or other data that personally identifies
  8. an individual, you will obtain all necessary rights and consents prior to
  9. providing Shopify with the foregoing information;
  10. c. You agree that Shopify may disable any pixels that Shopify identifies as
  11. malicious, in Shopify’s sole discretion; and
  12. d. You will not, and will not allow any third parties to, use pixels;
  13. i. to engage in or promote any unlawful, infringing, defamatory or otherwise
  14. harmful activity; or
  15. ii. to disable, interfere with or circumvent any aspect of the Services.

  16. Shopify may collect information associated with the Shopify Pixel Manager, such as how pixels

  17. are used, and how and what scripts are added. Shopify may use this data to improve,
  18. maintain, protect and develop the Shopify Pixel Manager.

10. Feedback and Reviews

Shopify welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Shopify be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Shopify (whether submitted directly to Shopify or posted on any Shopify hosted forum or page), you waive any and all rights in the Feedback and that Shopify is free to implement and use the Feedback if desired, as provided by you or as modified by Shopify, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Shopify must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Shopify reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

11. DMCA Notice and Takedown Procedure

Shopify supports the protection of intellectual property and asks Shopify merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Shopify’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Learn more at Reporting Intellectual Property Infringement.

12. Privacy and Data Protection

  1. Shopify is firmly committed to protecting the privacy of your

  2. personal information and the personal information of your customers.
  3. By using the Service, you acknowledge and agree that Shopify’s
  4. collection, usage and disclosure of this personal information is
  5. governed by our Privacy Policy.

  6. To the extent that Shopify processes personal information of your

  7. customers as a “data processor” or “service provider” under certain
  8. data privacy or protection laws, including the EU or UK General Data
  9. Protection Regulation and the California Consumer Privacy Act, Shopify’s
  10. collection and use of personal information is also subject to our
  11. Data Processing Addendum.

13. Shopify Contracting Party

  1. If the billing address of your Store is located in the United

  2. States or Canada, this Section 13(1) applies to you:

    1. Shopify Contracting Party” means Shopify Inc., a Canadian

    2. corporation, with offices located at 151 O’Connor Street, Ground
    3. floor, Ottawa, Ontario, K2P 2L8.

    4. The parties irrevocably and unconditionally submit to the

    5. exclusive jurisdiction of the courts of the Province of Ontario
    6. with respect to any dispute or claim arising out of or in
    7. connection with the Terms of Service. The United Nations
    8. Convention on Contracts for the International Sale of Goods will
    9. not apply to these Terms of Service and is hereby expressly
    10. excluded.

  3. If the billing address of your Store is located in the Asia

  4. Pacific region (including Australia,
  5. New Zealand, China, Japan, Singapore), this Section 13(2) applies
  6. to you:

    1. Shopify Contracting Party” means Shopify Commerce

    2. Singapore Pte. Ltd, a corporation formed under the laws of
    3. Singapore, with offices located at 77 Robinson Road, #13-00
    4. Robinson 77, Singapore 068896.

    5. The parties irrevocably agree that the courts of Singapore are

    6. to have exclusive jurisdiction to settle any dispute which may
    7. arise out of or in connection with the Terms of Service and that
    8. accordingly any proceedings arising out of or in connection with
    9. the Terms of Service will be brought in such courts. The United
    10. Nations Convention on Contracts for the International Sale of
    11. Goods will not apply to these Terms of Service and is hereby
    12. expressly excluded.

  7. If the billing address of your Store is located in EMEA

  8. region or other jurisdictions not listed in
  9. Section 13(1) or 13(2), including Europe and Russia, the Middle
  10. East, Africa, South America, Caribbean, or Mexico this Section
  11. 13(3) applies to you:

    1. Shopify Contracting Party” means Shopify International

    2. Limited, a private company limited by shares, incorporated in
    3. Ireland under registration number 560279, with its registered
    4. offices located at 2nd Floor Victoria Buildings, 1-2 Haddington
    5. Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH and
    6. its website is at https://shopify.com/.

    7. You irrevocably and unconditionally agree to submit to the

    8. jurisdiction of Irish courts, which have jurisdiction to settle
    9. any disputes which may arise out of or in connection with the
    10. validity, effect, interpretation or performance of these Terms of
    11. Service and you similarly irrevocably and unconditionally waive
    12. any objection to any claim that any suit, action or proceeding
    13. has been brought by Shopify in any other jurisdiction. The United
    14. Nations Convention on Contracts for the International Sale of
    15. Goods will not apply to these Terms of Service and is hereby
    16. expressly excluded.

14. Term and Termination

  1. The term of these Terms of Service will begin on the date of

  2. your completed registration for use of a Service and continue until
  3. terminated by us or by you, as provided below (the “Term”).

  4. You may cancel your Account and terminate the Terms of Service

  5. at any time by contacting Shopify Support and
  6. then following the specific instructions indicated to you in
  7. Shopify’s response.

  8. Without limiting any other remedies, we may suspend or terminate

  9. your Account or the Terms of Service for any reason, without notice
  10. and at any time (unless otherwise required by law), including if we
  11. suspect that you (by conviction, settlement, insurance or escrow
  12. investigation, or otherwise) have engaged in fraudulent activity in
  13. connection with the use of the Services. Termination of
  14. the Terms of Service will be without prejudice to any rights or
  15. obligations which arose prior to the date of termination.

  16. Upon termination of the Services by either party for any reason:

    1. Shopify will cease providing you with the Services and you

    2. will no longer be able to access your Account;

    3. unless otherwise provided in the Terms of Service, you will

    4. not be entitled to any refunds of any Fees, pro rata or
    5. otherwise;

    6. any outstanding balance owed to Shopify for your use of the

    7. Services through the effective date of such termination will
    8. immediately become due and payable in full; and

    9. your Shopify Store will be taken offline.

  17. If you purchased a domain name through Shopify, upon

  18. cancellation your domain will no longer be automatically renewed.
  19. Following termination, it will be your sole responsibility to
  20. handle all matters related to your domain with the domain provider.

  21. If there are any outstanding Fees owed by you at the date of

  22. termination of the Service, you will receive one final invoice via
  23. email. Once that invoice has been paid in full, you will not be
  24. charged again.

15. Modifications

  1. We reserve the right, in our sole and absolute discretion, to

  2. update or change any portion of the Terms of Service at any time.
  3. We will provide you with reasonable advance notice of changes to
  4. the Terms of Service that materially adversely affect your use of
  5. the Services or your rights under the Terms of Service by sending
  6. an email to the Primary Email Address, providing notice through the
  7. Shopify administrative console, or by similar means. However,
  8. Shopify may make changes that materially adversely affect your use
  9. of the Services or your rights under the Terms of Service at any
  10. time and with immediate effect (i) for legal, regulatory, fraud and
  11. abuse prevention, or security reasons; or (ii) to restrict products
  12. or activities that we deem unsafe, inappropriate, or offensive.
  13. Unless we indicate otherwise in our notice (if applicable), any
  14. changes to the Terms of Service will be effective immediately upon
  15. posting of such updated terms at this location. Your continued
  16. access to or use of the Services after we provide such notice, if
  17. applicable, or after we post such updated terms, constitutes your
  18. acceptance of the changes and consent to be bound by the Terms of
  19. Service as amended. If you do not agree to the amended Terms of
  20. Service, you must stop accessing and using the Services.

  21. Shopify may change the Fees for the Services from

  22. time-to-time. We will provide you with 30 days advanced notice
  23. prior to any changes in Fees by sending an email to the Primary
  24. Email Account, providing notice through the Shopify administrative
  25. console, or by similar means. Shopify will not be liable to you or
  26. to any third party for any modification, price change, suspension
  27. or discontinuance of the Services (or any part thereof).

16. General Conditions

  1. The Terms of Service, including the documents it incorporates by

  2. reference, constitute the entire agreement between you and Shopify
  3. and govern your use of the Services and your Account, superseding
  4. any prior agreements between you and Shopify (including, but not
  5. limited to, any prior versions of the Terms of Service).

  6. The failure of Shopify to exercise or enforce any right or

  7. provision of the Terms of Service will not constitute a waiver of
  8. such right or provision. If any provision of the Terms of Service,
  9. including all terms and conditions and other documents it
  10. incorporates by reference, is held by a court of competent
  11. jurisdiction to be contrary to law, such provision will be changed
  12. and interpreted so as to best accomplish the objectives of the
  13. original provision to the fullest extent allowed by law, and the
  14. remaining provision of the Terms of Service will remain in full
  15. force and effect.

  16. Save for Shopify and its affiliates, you or anyone accessing

  17. Shopify Services pursuant to these Terms of Service, unless
  18. otherwise provided in these Terms of Service, no person or entity
  19. who is not a party to these Terms of Service will have any right to
  20. enforce any term of these Terms of Service, regardless of whether
  21. such person or entity has been identified by name, as a member of a
  22. class or as answering a particular description. For the avoidance
  23. of doubt, this will not affect the rights of any permitted assignee
  24. or transferee of these Terms.

  25. The Terms of Service will be governed by and interpreted in

  26. accordance with the laws of the Province of Ontario and the laws of
  27. Canada applicable therein, without regard to principles of
  28. conflicts of laws.

  29. The Terms of Service may be available in languages other than

  30. English. To the extent of any inconsistencies or conflicts between
  31. these English Terms of Service and Shopify’s Terms of Service
  32. available in another language, the most current English version of
  33. the Terms of Service at https://www.shopify.com/legal/aup will prevail. Any disputes
  34. arising out of these Terms of Service will be resolved in English
  35. unless otherwise determined by Shopify (acting in its sole
  36. discretion) or as required by applicable law.

  37. All the terms and provisions of the Terms of Service will be

  38. binding upon and inure to the benefit of the parties to the Terms
  39. of Service and to their respective heirs, successors, permitted
  40. assigns and legal representatives. Shopify will be permitted to
  41. assign these Terms of Service without notice to you or consent from
  42. you. You will have no right to assign or otherwise transfer the
  43. Terms of Service, or any of your rights or obligations hereunder,
  44. to any third party without Shopify’s prior written consent, to be
  45. given or withheld in Shopify’s sole discretion.

  46. If any provision, or portion of the provision, in these Terms of

  47. Service is, for any reason, held to be invalid, illegal or
  48. unenforceable in any respect, then such invalidity, illegality or
  49. unenforceability will not affect any other provision (or the
  50. unaffected portion of the provision) of the Terms of Service, and
  51. the Terms of Service will be construed as if such invalid, illegal
  52. or unenforceable provision, or portion of the provision, had never
  53. been contained within the Terms of Service.

  54. On termination, all related rights and obligations under the

  55. Terms of Service immediately terminate, except that (a) you will
  56. remain responsible for performing all of your obligations in
  57. connection with transactions entered into before termination and
  58. for any liabilities that accrued before or as a result of
  59. termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6
  60. (Confidentiality), 7 (Limitation of Liability and Indemnification),
  61. 8.1 (Intellectual Property and Your Materials), 9.7(8)-(10) (Third
  62. Party Services, Experts, and Experts Marketplace), 10 (Feedback and
  63. Reviews), 12 (Privacy and Data Protection), 13 (Shopify Contracting
  64. Party), 14 (Cancellation and Termination), 15(1) (Modifications),
  65. and 16 (General Conditions) will survive the termination or
  66. expiration of these Terms of Service.


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