Note: Shop’s Terms of Service outlined below is currently available in English only

Terms of Service

The following terms of service (“Terms of Service”) describe the terms and conditions applicable to your use of Shopify’s Shop application (“Shop”). Shop is a service that allows you to save and manage your information for a seamless checkout on certain Shopify powered stores (each, a “Merchant”), track all of your orders and shipments in one place, and allows you to search Merchants and browse and purchase products.

This document is a legally binding agreement between you as the user of Shop (referred to as “you” or “your”) and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc.

By using the Shop app, you agree to be bound by these Terms of Service. Any new features or tools which are added to the current Shop offering shall also be subject to these Terms of Service. We reserve the right, in our sole and absolute discretion, to update and change any portion of the Terms of Service at any time by posting a notification in-app, or otherwise communicating the notification to you. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Your continued use of Shop after the amended Terms of Service that are posted here constitutes your agreement to, and acceptance of, the amended Terms of Service. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Shop (refer to section 3). Except with respect to use of Shop’s accelerated checkout features, references in Shop to third party brands do not necessarily denote a relationship between Shopify and such third party.

1. How it works

Accelerated Checkout

1.1 When you complete an order on the website of a Merchant with Shop’s accelerated checkout enabled (a “Shop Enabled Site”), you will be asked on the checkout page if you would like to save your information. When you opt-in to save your information with Shop, Shopify will collect and store certain personal information from you, such as your name, email address, mobile phone number (“Account Information”); your credit card information and billing address (“Payment Information”); your shipping address and the shipping method you select on the checkout page of the Shop Enabled Site (“Shipping Information”); and information related to your order details of goods and services purchased from Merchants using Shop (including information such as the type or size or other variants) (“Order Information”). Together, your Account Information, Payment Information, Shipping Information and Order Information are your “Saved Information”. All personal information collected from you in connection with your use of Shop will be governed by the Shop Privacy Policy.

1.2 If you use Shop on a Shop Enabled Site, Shopify will place a cookie on your web browser to recognize you when you return to that Shop Enabled Site which will allow you to make purchases using your Saved Information. If you visit a Shop Enabled Site and you are not recognized by Shop (for example, because it’s your first time at that Shop Enabled Site, you’ve cleared your cookies, logged out, or you’re using a device that is different from the one you used to access the Shop Enabled Site during your last checkout), you will be able to access your Saved Information by inputting your email address and a verification code sent to you via SMS text message. After you verify your identity, Shop will allow you to make purchases using your Saved Information, including your Shipping Information provided that the Merchant offers the applicable shipping method.

1.3 Note that message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider.

Order Tracking

1.4 Order tracking operates in different ways: (i) after you add your email address to your Shop account, any new orders placed within Shop’s network of over one million stores appear in Shop automatically; (ii) if you have a supported email account (Shop currently supports Gmail), Shop can track orders via tokenized read access to your Gmail account; or (iii) if you do not have a supported email account, or if you do not wish to grant Shop tokenized read access to your email, you can manually input tracking information. Regarding (ii), when you login to Shop with your Gmail account, we use Gmail APIs to filter shopping-related emails. We then extract the relevant tracking and order information from these emails and import them into the mobile app for you to track the delivery journey. The tracking and order information includes: tracking number, carrier name, order number, product details (name, price, photos), and a reference to the email that contains this information. In accordance with the Shop Privacy Policy, Shopify does not permanently store any email content. Emails filtered by Shop will only be looked at by humans if you specifically allow this type of access.

Product Recommendations

1.5 Shop’s product recommendations functionality allows you to browse, and purchase products from Merchants (“Products”). Shop will also make personalized recommendations to you based on your Saved Information.

2. Shopify’s role

2.1 The Shop app is a way of storing your Account Information, Payment Information, Shipping Information and Order Information with Shopify so that it can be easily entered at checkout on Shop Enabled Sites and to allow you to track your orders in a centralized place. It does not change your relationship with the Merchant or with your bank or credit card company, and it does not make Shopify a party to any transactions you make using Shop. You alone, and not Shopify, are responsible for the purchases you make using Shop. The Merchant, and not Shopify, is responsible for providing you with the goods and services that you purchase using Shop. Shopify cannot intervene in any dispute between you and a Merchant for any transactions processed using Shop.

2.2 We cannot intervene in any dispute between you and a Merchant for any transactions processed using Shop. We make no warranties with respect to the products, services or information provided by Merchants through Shop, and we are not responsible or liable for: (a) Product liability claims; (b) claims that the offer or sale of Products or services via Shop fails to conform to any applicable legal or regulatory requirement; (c) claims respecting the Merchant’s Products, services, or practices arising under consumer protection or similar legislation; or (d) any inaccurate, incomplete or out of date information offered by the Merchant.

2.3 Occasionally there may be information available through Shop that contains typographical errors, inaccuracies or omissions that may relate to, among other things, Product descriptions, pricing, promotions, offers and availability. We have no obligation to update, amend or clarify information in Shop, including without limitation, pricing information, except as required by law or a Merchant. No specified update or refresh date should be taken to indicate that all information in Shop has been modified or updated.

3. Updating or terminating your Shop account

3.1 These Terms of Service are effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by opting out of Shop.

3.2 If you want to delete your Saved Information or stop storing information using Shop, please let us know by visiting https://shop.app/opt-out and opting out by submitting your email address. If you want to change any of your Saved Information, you can do so during your next checkout using Shop.

3.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to Shop or any part thereof.

3.4 We reserve the right to modify or terminate Shop for any reason, without notice at any time.

3.5 We reserve the right to refuse service to anyone for any reason at any time.

3.6 If your access to Shop is terminated by you or us, we will delete your Saved Information in accordance with our Shop Privacy Policy.

4. Representations and warranties

4.1 By using Shop you represent and warrant that you are at least 18 years of age, the information you provide to Shopify in using Shop is true and correct, and that you will not use Shop for any fraudulent, unlawful or abusive purpose.

5. Prohibited Uses

5.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Shop, its content, or any of the services available through the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet. We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.

6. Limitation of liability; Disclaimer of warranties

6.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SHOPIFY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOP, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF SHOP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPIFY AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOP INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.

6.3 YOUR USE OF SHOP IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

6.4 TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPIFY AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR SHOP, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH SHOP, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH SHOP.

6.5 ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH SHOP IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SHOP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE SHOP SERVICE WILL BE ACCURATE OR RELIABLE.

7. Governing law

7.1 These Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the provincial and federal courts of Ontario with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of Shop. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

8. Assignment

8.1 You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

9. Severability

9.1 In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

10. Waiver and entire agreement

10.1 Shopify’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

10.2 These Terms of Service, the Shop Privacy Policy, and any other policies or operating rules incorporated into these Terms of Service or posted by us in respect to Shop constitutes the entire agreement and understanding between you and us, and govern your use of Shop, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

10.3 These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Shopify, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.

11. Survival

11.1 Upon termination of your use of Shop or termination of these Terms of Service for any reason, the following sections shall survive termination: Sections 2, 3.6 and 4 through 10.

If you have any questions about the Shop Service or these Terms of Service, please visit shop.app or contact us at help@shop.app.