Terms and Conditions

1. Acceptance of Terms

By installing, accessing, or using any Banify Apps application ("Apps") on the Shopify platform, you ("User," "Customer," or "Merchant") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our Apps.

These Terms constitute a legally binding agreement between you and Banify Apps ("Company," "we," "us," or "our"). Your use of our Apps signifies your acceptance of these Terms and any future modifications.

2. Definitions

• "Apps" refers to all Shopify applications developed and published by Banify Apps, including but not limited to "Referral Program & Rewards" and "Email Popups."
• "Services" refers to all functionality, features, and services provided through our Apps.
• "Store" refers to your Shopify e-commerce store.
• "Data" refers to any information, content, or data transmitted through or stored by our Apps.
• "Subscription" refers to paid access to premium features of our Apps.

3. Description of Services

Banify Apps provides Shopify applications designed to enhance e-commerce functionality, including:

• Referral Program & Rewards: Tools for creating customer referral programs, loyalty systems, and reward campaigns
• Email Popups: Lead generation tools for capturing email addresses and growing subscriber lists
• Additional applications and features as they become available

Our Services are provided "as-is" and we reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

4. Account Registration and Eligibility

To use our Apps, you must:

• Have a valid Shopify store and account
• Be at least 18 years old or have legal capacity to enter contracts
• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Promptly update any changes to your account information

You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Payment and Billing

5.1 Subscription Plans

Our Apps may offer free and paid subscription plans. Pricing and plan details are available within each App and on our website.

5.2 Payment Processing

All payments are processed through Shopify's billing system. By subscribing to paid features, you authorize Shopify to charge your payment method for the applicable fees.

5.3 Billing Cycle

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). Billing occurs on the same day each billing period.

5.4 Refunds

Refunds are generally not provided for subscription fees. However, we may consider refund requests on a case-by-case basis for legitimate technical issues that prevent app functionality.

5.5 Price Changes

We reserve the right to modify subscription prices with 30 days' written notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals.

6. Acceptable Use Policy

You agree to use our Apps only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our Apps for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems or services
• Transmit viruses, malware, or other harmful code
• Interfere with the proper functioning of our Apps
• Use our Apps to send spam or unsolicited communications
• Reverse engineer, decompile, or attempt to extract source code
• Resell, redistribute, or sublicense our Apps
• Use our Apps in a manner that violates Shopify's Terms of Service

7. Intellectual Property Rights

7.1 Our Rights

All intellectual property rights in our Apps, including but not limited to software, designs, trademarks, and copyrights, remain our exclusive property.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use our Apps solely for your internal business purposes in accordance with these Terms.

7.3 Your Content

You retain ownership of all content and data you input into our Apps. By using our Apps, you grant us a limited license to process and store this data solely to provide our Services.

8. Privacy and Data Protection

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• We collect only data necessary to provide our Services
• We implement industry-standard security measures
• We do not sell or share your data with third parties except as necessary to provide Services
• You have rights regarding your data as outlined in our Privacy Policy
• We comply with applicable data protection laws including GDPR and CCPA

9. Limitation of Liability and Disclaimers

9.1 Service Availability

While we strive for high availability, we do not guarantee that our Apps will be available 100% of the time. We are not liable for any downtime or service interruptions.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANIFY APPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

9.3 Maximum Liability

Our total liability for any claims arising from or related to these Terms or our Apps shall not exceed the amount you paid to us in the 12 months preceding the claim.

9.4 Disclaimers

OUR APPS ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Termination

10.1 Termination by You

You may terminate your use of our Apps at any time by uninstalling them from your Shopify store or canceling your subscription.

10.2 Termination by Us

We may terminate or suspend your access to our Apps immediately if you breach these Terms or engage in prohibited activities.

10.3 Effect of Termination

Upon termination, your right to use our Apps ceases immediately. We may retain certain data as required by law or legitimate business purposes.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes through:

• Email notification to registered users
• In-app notifications
• Updates to this webpage with revised effective date

Continued use of our Apps after any modifications constitutes acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or our Apps shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Severability

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

13. Contact Information

For questions about these Terms or our Apps, please contact us: