Ape-X Free Shipping Bar Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By installing the App from the Shopify App Store or accessing the App through your Shopify admin panel, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

1.2 Eligibility

To use the App, you must:

• Be at least 18 years of age
• Have a valid Shopify store account
• Have the legal authority to bind your business to these Terms
• Comply with all applicable laws and regulations

1.3 Shopify Terms

Your use of the App is also subject to Shopify's Terms of Service and Acceptable Use Policy. You are responsible for complying with Shopify's terms.

2. Description of Service

2.1 App Functionality

The Free Shipping Bar app enables you to:

• Display customizable shipping threshold messages on your storefront
• Configure multiple shipping bars with different thresholds and messages
• Customize appearance (colors, fonts, positioning, animations)
• Set page exclusions and clickable links
• Track performance through analytics (Premium feature)

2.2 Service Plans

Free Plan includes:

• One active shipping bar
• Basic customization options
• Three message stages (initial, progress, goal)
• Page exclusions
• Clickable bars

Premium Plan ($4.95/month or $49.95/year) includes:

• All Free Plan features
• Unlimited active shipping bars
• A/B testing capabilities
• Advanced styling (gradients, patterns, motion effects)
• Progress bar indicators
• Customer and device targeting
• Geotargeting with Shopify Markets
• Product exclusions
• Second milestone support
• Analytics tracking (impressions, clicks, conversions)
• Order tracking and attribution
• Priority support

2.3 Seven-Day Free Trial

Premium plans include a 7-day free trial. You will not be charged until the trial period ends. You may cancel at any time during the trial without being charged.

2.4 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any feature or functionality
• Update the App to improve performance or security
• Change pricing with 30 days' notice to existing subscribers
• Add or remove features from service plans

You will be notified of material changes via email and in-app notifications.

3. Account Registration and Security

3.1 Shopify Integration

The App integrates with your Shopify store using OAuth 2.0 authentication. You authorize the App to access your store data as specified in the permission scopes:

• write_products: To manage shipping bar display configurations
• read_markets: To enable geotargeting features (Premium)
• read_orders: To track order conversions (Premium)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your Shopify admin credentials
• All activities that occur through your account
• Notifying us immediately of any unauthorized access
• Ensuring your team members have appropriate access levels

3.3 Prohibited Account Actions

You may not:

• Share your account credentials with unauthorized persons
• Use another merchant's account without permission
• Create multiple accounts to abuse trial periods or promotional offers
• Circumvent account security measures

4. Subscription and Billing

4.1 Subscription Terms

• Free Plan: No charge, unlimited duration
• Premium Monthly: $4.95/month, billed every 30 days via Shopify
• Premium Annual: $49.95/year, billed annually via Shopify (save 17%)

4.2 Payment Processing

• All payments are processed through Shopify's billing system
• You authorize Shopify to charge your payment method on file
• Prices are in United States Dollars (USD)
• You are responsible for any applicable taxes

4.3 Billing Cycle

• Your billing cycle begins on the day you subscribe (after trial ends)
• Subscriptions automatically renew unless cancelled
• You will receive a billing reminder email before each renewal

4.4 Trial Period

• Premium plans include a 7-day free trial
• Your card will not be charged during the trial period
• Cancel anytime during trial to avoid charges
• Trial is available once per store

4.5 Promotional Codes

• Promotional codes may be offered at our discretion
• Each promo code may only be used once per store
• Promo codes cannot be combined with other offers
• Promo codes may have expiration dates and specific terms
• We reserve the right to revoke fraudulent promo code usage

4.6 Price Changes

• We may change subscription prices with 30 days' advance notice
• Price changes do not apply to existing subscribers until next renewal
• Continued use after notice constitutes acceptance of new pricing
• You may cancel before price change takes effect

4.7 Refund Policy

Free Trial Cancellations: No charge if cancelled during 7-day trial period.

Monthly Subscriptions:

• Cancellations take effect at the end of the current billing period
• No refunds for partial months
• You retain access until period end

Annual Subscriptions:

• Cancellations take effect at the end of the annual period
• No refunds for annual subscriptions (paid upfront)
• You retain access until annual period end

Exceptions: Refunds may be granted at our sole discretion for:

• Technical issues preventing app functionality
• Duplicate charges or billing errors
• Service outages exceeding 72 consecutive hours

Refund Requests: Contact iain@ape-x.shop within 14 days of charge with explanation. We will respond within 5 business days.

4.8 Downgrades and Cancellations

• Downgrade to Free: Takes effect immediately. Premium features disabled. Only one bar may remain active.
• Cancellation: Uninstall the app or cancel subscription via Shopify admin
• Data Retention: Data is deleted within 48 hours of uninstallation
• No Obligation: You may cancel at any time without penalty (subject to refund policy)

4.9 Failed Payments

If your payment fails:

• We may attempt to charge your payment method up to 3 times
• You will receive email notifications of failed payments
• After 3 failed attempts, your subscription will be cancelled
• Premium features will be disabled immediately
• You may resubscribe after updating payment information

5. Acceptable Use Policy

5.1 Permitted Use

You may use the App to:

• Display shipping threshold messages on your legitimate Shopify store
• Encourage customers to increase cart value to qualify for free shipping
• Track performance of shipping bars (Premium)
• Customize appearance to match your store branding

5.2 Prohibited Use

You may NOT use the App to:

Illegal Activities:

• Violate any local, state, national, or international law
• Infringe on intellectual property rights of others
• Engage in fraudulent, deceptive, or misleading practices

Abusive Behavior:

• Display false, misleading, or deceptive shipping offers
• Use the App to spam or harass customers
• Manipulate customers through dark patterns or coercive messaging
• Display content that is defamatory, obscene, or offensive

Technical Abuse:

• Reverse engineer, decompile, or attempt to extract source code
• Interfere with or disrupt the App's functionality or servers
• Use automated tools to access the App (except Shopify's APIs)
• Attempt to bypass security measures or access controls
• Launch denial-of-service attacks or similar attacks

Content Violations:

• Display messages containing hate speech, violence, or illegal content
• Include malicious links or phishing attempts in clickable bars
• Use copyrighted fonts, images, or content without authorization
• Display content that violates Shopify's Acceptable Use Policy

Abuse of Service:

• Create multiple accounts to abuse trial periods
• Use fraudulent promo codes or share single-use codes
• Resell or redistribute the App without authorization
• Use the App in violation of export control laws

5.3 Enforcement

If we determine you have violated this Acceptable Use Policy, we may:

• Issue a warning and require corrective action
• Suspend your account temporarily
• Terminate your account immediately without refund
• Report illegal activities to law enforcement
• Pursue legal remedies for damages

6. Intellectual Property Rights

6.1 App Ownership

The App, including all software, code, features, functionality, design, text, graphics, and trademarks, is owned by Ape-X Performance and Fitness Limited and is protected by:

• Copyright laws
• Trademark laws
• Trade secret laws
• Other intellectual property rights

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the App on your Shopify store
• Access the App's features according to your subscription plan
• Use the App for lawful commercial purposes

This license is conditional on your compliance with these Terms.

6.3 License Restrictions

You may NOT:

• Copy, modify, or create derivative works of the App
• Rent, lease, loan, sell, sublicense, or distribute the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App to create a competing product or service

6.4 Your Content

You retain all rights to:

• Your shipping bar messages and configurations
• Your store data and customer information
• Any content you create using the App

You grant us a limited license to:

• Store and display your configurations to provide the service
• Use aggregated, anonymized data for service improvement
• Display your store name in case studies (with your permission)

6.5 Feedback

If you provide suggestions, ideas, or feedback about the App:

• We may use your feedback without obligation or compensation
• You assign all rights to such feedback to us
• We are not required to keep feedback confidential

7. Data and Privacy

7.1 Privacy Policy

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our data practices as described in the Privacy Policy.

7.2 Data Accuracy

You represent and warrant that:

• All information you provide is accurate and current
• You have the right to provide any data you submit to the App
• You comply with all applicable data protection laws

7.3 GDPR and CCPA Compliance

We comply with the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). You have rights regarding your data as outlined in our Privacy Policy.

7.4 Data Security

While we implement industry-standard security measures, no system is 100% secure. You acknowledge that:

• Data transmission over the internet carries inherent risks
• We cannot guarantee absolute security
• You use the App at your own risk

We will notify you of any data breaches as required by law.

8. Third-Party Services

8.1 Shopify Integration

The App relies on Shopify's platform. We are not responsible for:

• Shopify's availability, performance, or security
• Changes to Shopify's API or terms of service
• Disruptions caused by Shopify maintenance or outages

8.2 Third-Party Links

The App may contain links to third-party websites or services. We do not endorse, control, or assume responsibility for third-party content, privacy policies, or practices.

8.3 Third-Party Fonts (Google Fonts)

The App uses Google Fonts for typography. When customers visit your storefront with a shipping bar, their browser may load fonts from Google's servers. This is subject to Google's privacy policy.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that the App will substantially conform to its description in our documentation. This warranty is valid for 30 days from the date of installation.

Remedy: If the App fails to conform, we will use reasonable efforts to correct the issue. If we cannot correct it within 30 days, you may cancel your subscription and receive a pro-rated refund for the current billing period.

9.2 Disclaimer of Warranties

Except as expressly provided in Section 9.1, the app is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability: We do not warrant the App is suitable for any particular purpose
• Fitness for Purpose: We do not guarantee the App will meet your specific needs
• Non-Infringement: We do not warrant the App does not infringe third-party rights
• Accuracy: We do not guarantee data accuracy or completeness
• Availability: We do not guarantee uninterrupted or error-free service
• Security: We do not guarantee the App is free from viruses or malicious code
• Results: We do not guarantee any specific sales results or conversion improvements

9.3 Third-Party Warranties

We disclaim all warranties from third parties, including Shopify, hosting providers, and font services.

9.4 Jurisdictional Variations

Some jurisdictions do not allow exclusions of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and warranties may be limited to the minimum period required by law.

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by law, Ape-X Performance and Fitness Limited shall not be liable for:

Indirect Damages: Indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• Lost profits or revenue
• Lost sales or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Business interruption
• Cost of substitute services

Direct Damages: Even if we have been advised of the possibility of such damages.

10.2 Cap on Liability

Our total aggregate liability to you for all claims arising out of or related to these Terms or the App shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim, OR
• $100 USD

This cap applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

10.3 Exceptions

The limitations in this section do not apply to:

• Our gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Liability that cannot be excluded by law

10.4 Basis of the Bargain

You acknowledge that the disclaimers and limitations of liability in Sections 9 and 10 are fundamental elements of the agreement between you and us, and that we would not provide the App at the current pricing without these limitations.

11. Indemnification

11.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Ape-X Performance and Fitness Limited, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights (intellectual property, privacy, etc.)
• Content you display in shipping bars (messages, links, etc.)
• Your store's products, services, or business practices
• Claims by your customers related to shipping offers or messages

11.2 Defense of Claims

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

11.3 Notice

We will promptly notify you of any claim for which we seek indemnification, provided that failure to notify promptly shall not relieve your obligations except to the extent you are materially prejudiced.

12. Term and Termination

12.1 Term

These Terms commence when you install the App and continue until terminated by either party.

12.2 Termination by You

You may terminate these Terms at any time by:

• Uninstalling the App from your Shopify admin
• Cancelling your subscription via Shopify billing settings
• Contacting us at iain@ape-x.shop

12.3 Termination by Us

We may terminate or suspend your access immediately, without notice, if:

• You violate these Terms
• You engage in prohibited conduct (Section 5.2)
• Your payment fails after 3 attempts
• We are required to do so by law
• We discontinue the App (with 30 days' notice)

12.4 Effects of Termination

Upon termination:

• Your license to use the App ends immediately
• Your access to the App is revoked
• Shipping bars stop displaying on your storefront
• Your subscription is cancelled (refunds per Section 4.7)
• Your data is deleted within 48 hours (per Privacy Policy)
• Sections 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Dispute Resolution) survive termination

12.5 Data Export

Before termination, you may export your:

• Shipping bar configurations (via app interface)
• Analytics data (Premium users, via CSV download)

After termination, data cannot be recovered.

13. Changes to Terms

13.1 Modifications

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date
• We will notify you via email at least 30 days before changes take effect
• We will display a notice in the App dashboard

13.2 Your Acceptance

Your continued use of the App after changes take effect constitutes acceptance of the modified Terms. If you do not agree to changes, you must cancel your subscription and stop using the App before the effective date.

13.3 Version History

You may request previous versions of these Terms by contacting iain@ape-x.shop.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at iain@ape-x.shop to attempt to resolve the issue informally. We will attempt to resolve disputes within 30 days.

14.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles.

14.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts of the United Kingdom. You consent to the personal jurisdiction of such courts.

14.4 Arbitration (Optional)

At our option, we may require binding arbitration for disputes under the following terms:

• Arbitration conducted by a neutral arbitrator
• Governed by the Arbitration Act 1996 (UK)
• Location: United Kingdom (or remote via video conference)
• Arbitrator's decision is final and binding
• Each party bears its own costs unless otherwise awarded

14.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

If a court finds this class action waiver unenforceable, the entire arbitration provision shall be void, and disputes shall be resolved in court.

14.6 Time Limitation

Any claim arising out of or related to these Terms or the App must be filed within one (1) year after the claim arises. After one year, the claim is permanently barred.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous communications, agreements, or understandings (written or oral).

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by our authorized representative.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, storms)
• War, terrorism, or civil unrest
• Government actions or restrictions
• Pandemics or public health emergencies
• Internet or telecommunications failures
• Third-party service outages (Shopify, hosting providers)

15.6 Notices

To You: We will send notices to the email address associated with your Shopify store admin account. You are responsible for keeping your email address current.

To Us: Send notices to:

• Email: iain@ape-x.shop
• Subject Line: "Legal Notice - Free Shipping Bar"

Notices are effective upon sending (email) or delivery (physical mail).

15.7 Relationship of Parties

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us or make commitments on our behalf.

15.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and us only. No third party has any right to enforce or rely on any provision of these Terms.

15.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.10 Language

These Terms are written in English. Any translations are for convenience only. In the event of conflict, the English version prevails.

15.11 Counterparts

These Terms may be accepted electronically or by installing the App. Electronic acceptance has the same legal effect as a signed written agreement.

16. Contact Information

If you have questions about these Terms, please contact us:

Ape-X Performance and Fitness Limited
Email: iain@ape-x.shop
Subject Line: "Terms of Service Inquiry"

Response Time: We aim to respond within 48 hours (business days).

For technical support: iain@ape-x.shop (Subject: "Technical Support")
For billing questions: iain@ape-x.shop (Subject: "Billing Inquiry")
For legal notices: iain@ape-x.shop (Subject: "Legal Notice")