Terms of Service

These Terms of Service (“Terms”) govern access to and use of Merchantwell’s Shopify applications, including AOVLift Post Purchase Upsell (each a “Service”), by the Shopify merchant installing or using a Service (“Merchant” or “you”). By installing, accessing, or using a Service, you agree to these Terms, our Privacy Policy, and, where applicable, our Data Processing Agreement.

1. Eligibility and Shopify

You must be authorized to act for the Shopify merchant account and capable of entering a binding agreement. Our Services depend on Shopify. Your use of Shopify remains governed by your agreements with Shopify, and Merchantwell is not responsible for Shopify’s services or decisions.

2. The Services

Merchantwell provides focused commerce tools. AOVLift enables merchants to configure post-purchase upsell and downsell funnels, targeting rules, discounts, product safeguards, testing, and analytics. You are responsible for reviewing and testing your configuration, product availability, offer claims, pricing, discounts, shipping charges, taxes, and buyer experience before activation.

3. Merchant responsibilities

You agree to:

• Use the Services lawfully and comply with Shopify’s requirements and applicable consumer, advertising, privacy, tax, and ecommerce laws.
• Provide accurate, transparent offer content and honor offers accepted by buyers.
• Not use targeting rules or customer tags to discriminate unlawfully or process sensitive or special-category data.
• Maintain appropriate buyer notices, policies, consents, and opt-out mechanisms where required.
• Protect access credentials and promptly notify us of suspected unauthorized use.

4. Fees and billing

Paid use of a Service is billed through Shopify according to the plan, trial, usage terms, and price displayed when you approve the subscription. Shopify administers charges, billing cycles, and applicable taxes. You may cancel by uninstalling the Service, but fees already incurred remain payable except where law or Shopify’s policies require otherwise.

5. License and ownership

Subject to these Terms, Merchantwell grants you a limited, non-exclusive, non-transferable, revocable right to use the Service for your Shopify store. Merchantwell and its licensors retain all rights in the Services, software, documentation, and branding. You retain rights in content and configuration you submit and grant us the limited rights needed to operate the Service.

6. Acceptable use

You may not reverse engineer or interfere with a Service; bypass limits or security controls; introduce malicious code; access another merchant’s data; use a Service for deceptive, illegal, or abusive conduct; or resell a Service except with our written permission.

7. Privacy

Our Privacy Policy explains our information practices. The Data Processing Agreement governs personal data processed on your behalf and is incorporated into these Terms.

8. Availability and changes

We work to keep the Services reliable but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features to address security, legal, platform, or operational needs and will provide notice of material changes when reasonably practicable.

9. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee any increase in sales, conversion rate, average order value, or other business outcome.

10. Limitation of liability

To the maximum extent permitted by law, Merchantwell will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities. Merchantwell’s aggregate liability arising from a Service will not exceed the fees you paid for that Service during the three months before the event giving rise to the claim. These limits do not apply where prohibited by law.

11. Suspension and termination

You may stop using a Service by uninstalling it. We may suspend or terminate access for material breach, security risk, nonpayment, unlawful use, or when required by Shopify or law. Provisions that by their nature should survive termination will survive, including payment, ownership, privacy, disclaimers, and liability limitations.

12. General

These Terms, together with incorporated policies, are the entire agreement concerning the Services. If a provision is unenforceable, the remainder remains effective. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, financing, merger, or sale. Failure to enforce a provision is not a waiver.

13. Contact

Questions and legal notices should be sent to support@merchantwell.com and should identify your Shopify store domain.