Cart Uplift Terms of Service

1. Acceptance of Terms

By installing the App from the Shopify App Store and using our services, you agree to these Terms, our Privacy Policy, and any additional terms referenced herein. If you do not agree to these Terms, you may not use the App.

2. Description of Service

Cart Uplift provides AI-powered product recommendations, smart product bundles, cart enhancement features, and analytics for Shopify merchants. The App includes:

• AI-driven product recommendations based on purchase patterns
• Smart product pairing and bundle suggestions
• Enhanced cart drawer with progress bars and incentives
• Free shipping threshold and gift gating promotions
• Real-time analytics and performance insights
• Customizable styling and layout options

3. Account and Subscription

3.1 Eligibility

You must be a Shopify merchant in good standing to use the App. You represent that you have the authority to bind your business to these Terms.

3.2 Pricing Plans

The App offers multiple pricing tiers based on monthly order volume:

• Free Plan: Up to 50 orders per month, $0/month
• Starter Plan: Up to 500 orders per month, $29/month
• Growth Plan: Up to 2,500 orders per month, $79/month
• Pro Plan: Unlimited orders, $199/month

All plans include access to all features. Pricing is based solely on order volume. Paid plans include a 14-day free trial period.

3.3 Billing

Billing is managed through Shopify's billing system. By subscribing to a paid plan, you authorize Shopify to charge your account the subscription fee on a recurring monthly basis. Charges will appear on your Shopify invoice.

3.4 Order Limits

Order limits are enforced with a 10% grace buffer. When you approach or exceed your plan's order limit, you will be prompted to upgrade. Continued use beyond the grace period may result in service interruption until you upgrade your plan.

3.5 Changes to Pricing

We reserve the right to modify pricing with 30 days' notice. Price changes will not affect your current billing cycle and will apply from your next renewal date.

4. Your Responsibilities

4.1 Compliance

You agree to use the App in compliance with all applicable laws, including but not limited to privacy laws (GDPR, CCPA), consumer protection laws, and Shopify's Terms of Service and Acceptable Use Policy.

4.2 Data Accuracy

You are responsible for ensuring that product data, pricing, and inventory information in your Shopify store is accurate. The App relies on this data to generate recommendations and bundles.

4.3 Theme Integration

You are responsible for enabling and configuring the App's theme extension in your Shopify theme editor. We provide documentation and support but cannot guarantee compatibility with all third-party themes.

5. Prohibited Uses

You may not use the App to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to reverse engineer, decompile, or access the App's source code
• Use the App to compete with or harm our business
• Sell, resell, or redistribute the App to third parties
• Remove or modify any proprietary notices or labels

6. Intellectual Property

6.1 Our Rights

The App, including all software, algorithms, designs, trademarks, and content, is owned by Cart Uplift and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights in the App.

6.2 Your Rights

You retain all rights to your store data, product information, and customer data. We only access and process this data as necessary to provide the App's features, as described in our Privacy Policy.

6.3 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for your internal business purposes in connection with your Shopify store.

7. Data and Privacy

Our collection and use of 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.

We process order data, product data, and cart interaction data to provide AI recommendations and analytics. We implement appropriate security measures and comply with GDPR and other applicable privacy regulations.

8. Service Level and Support

8.1 Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice when possible.

8.2 Support

Support levels vary by plan:

• Free Plan: Community support via email
• Starter & Growth Plans: Priority email support
• Pro Plan: Dedicated support with faster response times

Support is provided via email at support@cartuplift.com. We aim to respond to all inquiries within 24-48 hours during business days.

9. Modifications to the App

We reserve the right to modify, update, or discontinue features of the App at any time. We will provide reasonable notice of material changes that negatively impact functionality. Continued use of the App after changes constitutes acceptance of the modified service.

10. Term and Termination

10.1 Term

These Terms remain in effect for as long as you use the App.

10.2 Termination by You

You may terminate your use of the App at any time by uninstalling it from your Shopify store. If you are on a paid plan, uninstalling will cancel your subscription at the end of the current billing period. No refunds are provided for partial months.

10.3 Termination by Us

We may suspend or terminate your access to the App immediately if you violate these Terms, fail to pay applicable fees, or engage in fraudulent or illegal activity. We will provide notice when reasonably possible.

10.4 Effect of Termination

Upon termination, your right to use the App ceases immediately. We will delete or anonymize your shop data within 30 days of termination in accordance with our Privacy Policy and GDPR requirements. You may request an export of your data before uninstalling.

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that the App will perform substantially in accordance with its documentation. If the App fails to meet this warranty, your sole remedy is for us to use commercially reasonable efforts to correct the issue or, if we cannot, to refund any prepaid fees for the affected period.

11.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the App will be uninterrupted, error-free, or secure, or that all errors will be corrected. We do not guarantee specific results, sales increases, or revenue improvements from using the App.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CART UPLIFT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of liability for consequential damages, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cart Uplift and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, and 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 applicable laws or third-party rights
• Your store's products, services, or business practices
• Any data or content you provide to the App

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at support@cartuplift.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

14.2 Governing Law

These Terms are governed by the laws of the jurisdiction where Cart Uplift is registered, without regard to conflict of law principles.

14.3 Arbitration

Any disputes arising out of these Terms or the App that cannot be resolved informally shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement or violation of confidentiality obligations.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cart Uplift regarding the App and supersede all prior agreements.

15.2 Amendments

We may update these Terms from time to time. We will notify you of material changes by email or through the App. Your continued use after changes constitutes acceptance of the updated Terms. If you disagree with changes, you must stop using the App.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

15.6 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Cart Uplift.

15.7 Force Majeure

We will not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

16. Contact Information

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

Cart Uplift Support
Email: support@cartuplift.com
Website: https://cartuplift.com