shopify

 

Welcome to Shopify! By signing up for a Shopify Account (as defined in Section 1) or by using any Shopify Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us”, “our” and “Shopify” means the applicable Shopify Contracting Party (as defined in Section 13 below), and “you” means the Shopify User (if registering for or using a Shopify Service as an individual), or the business employing the Shopify User (if registering for or using a Shopify Service as a business) and any of its affiliates.

Shopify provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces and other online locations (“Online Services”) and in person (“POS Services”)), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by Shopify are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://shopify.com/legal/terms.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Shopify’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Supplementary Terms of Service for E.U. Merchants ("EU Terms"), the Shopify API License and Terms of Use (“API Terms”) and the Shopify Data Processing Addendum (“DPA”) before you may sign up for a Shopify Account or use any Shopify Service.

Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Shopify or any Shopify services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

Which means

You are responsible for your Account, the Materials you upload to the Shopify Service and the operation of your Shopify Store. If you violate Shopify’s terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.

1. To access and use the Services, you must register for a Shopify account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Shopify may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You confirm that you are receiving any Services provided by Shopify for the purposes of carrying on a business activity and not for any personal, household or family purpose.
4. You acknowledge that Shopify will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Shopify and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Shopify can only be authenticated if they come from your Primary Email Address.
5. You are responsible for keeping your password secure. Shopify cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
6. Technical support in respect of the Services is only provided to Shopify Users. Questions about the Terms of Service should be sent to Shopify Support.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Shopify.
8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Shopify’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
10. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Shopify or its affiliates.

2. Account Activation

Which means

Only one person can be the “Store Owner”, usually the person signing up for the Shopify Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to PayPal, Apple Pay, Google Payment and Shop Pay. Any domain you purchase through us will automatically renew unless you opt out.

2.1 Store Owner

1. Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“Store Owner ”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
2. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Your Shopify Store can only be associated with one Store Owner. A Store Owner may have multiple Shopify Stores. You agree to use Shopify Checkout for your store. “Store” means the online store (whether hosted by Shopify or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

1. Based on your Shopify pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
2. The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
3. The Store Owner and the users under Staff Accounts are each referred to as a “Shopify User”.

2.3 PayPal Express Checkout and Shopify Payments Accounts

1. Upon completion of sign up for the Service, Shopify will create a PayPal Express Checkout account on your behalf, using your Primary Email Address. Depending on your location, Shopify may also create a Shopify Payments account on your behalf.
2. You acknowledge that PayPal Express Checkout and/or Shopify Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.

2.4 Shop Pay

1. Upon completion of sign up for the Service, if you have been enrolled in Shopify Payments, Shop Pay will automatically appear as an accelerated checkout option on your checkout page. If you do not wish for Shop Pay to appear on your Store, it is your responsibility to remove it by managing your accelerated checkouts in your Shopify administrative console.
2. If your customers have enabled Shop Pay, customers may purchase goods and services from your Shopify Store using Shop Pay.
3. By using Shop Pay on your Shopify Store, you agree to be bound by the Shop Pay Merchant Terms of Service, as they may be amended by Shopify from time to time. If Shopify amends the Shop Pay Merchant Terms of Service, amendments are effective as of the date of posting. Your continued use of Shop Pay on your Store after the amended Shop Pay Merchant Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Shop Pay Merchant Terms of Service. If you do not agree to any changes to the Shop Pay Merchant Terms of Service, it is your responsibility to remove Shop Pay by managing your accelerated checkouts in your Shopify administrative console.

2.5 Apple Pay for Safari Account

1. Upon completion of sign up for the Service, Shopify will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Shopify may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
2. If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Store using Apple Pay.
3. By using Apple Pay on your Store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: https://shopify.com/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your Store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your Store.

2.6 Google Pay

1. Upon completion of sign up for the Service, if you have been enrolled in Shopify Payments, Shopify will also create a Google Pay account on your behalf. If you do not wish to keep your Google Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
2. If you use a Google Pay supported payment gateway and your customers have enabled Google Pay, customers may purchase goods and services from your Store using Google Pay.
3. By using Google Pay on your Store, you are agreeing to be bound by the Google Pay API Terms of Service, as they may be amended by Google from time to time. If Google amends the Google Pay API Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Such amendments to the Google Pay API Terms of Service are effective as of the date of posting. Your continued use of Google Pay on your Store after the amended Google Pay API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Pay API Terms of Service. If you do not agree to any changes to the Google Pay API Terms of Service, deactivate your Google Pay account and do not continue to use Google Pay on your Store.

2.7 Meta Pay

1. Upon completion of sign up for the Service, if you have been enrolled in Shopify Payments, Shopify will also create a Meta Pay account on your behalf. If you do not wish to keep your Meta Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Meta Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
2. If you use a Meta Pay supported payment gateway and your customers have enabled Meta Pay, customers may purchase goods and services from your Store using Meta Pay.
3. By using Meta Pay on your Store, you are agreeing to be bound by the Meta Pay Merchant Terms and Conditions, as they may be amended by Meta from time to time. If Meta amends the Meta Pay Merchant Terms and Conditions, such amendments will be effective as of the date of posting by Meta. Your continued use of Meta Pay on your Store after the amended Meta Pay Merchant Terms and Conditions are posted constitutes your agreement to, and acceptance of, the amended Meta Pay Merchant Terms and Conditions. If you do not agree to any changes to the Meta Pay Merchant Terms and Conditions, de-activate your Meta Pay account and do not continue to use Meta Pay on your Store.

2.8 Amazon Pay

1. Upon completion of sign up for the Service, if you have been enrolled in Shopify Payments and you have enabled Amazon Pay within your Shopify Admin, Shopify will also create an Amazon Pay account on your behalf. If you do not wish to keep your Amazon Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Amazon Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
2. If you use an Amazon Pay supported payment gateway and your customers have enabled Amazon Pay, customers may purchase goods and services from your Store using Amazon Pay.
3. By using Amazon Pay on your Store, you are agreeing to be bound by the Amazon Payments, Inc. Customer Agreement, as it may be amended by Amazon from time to time. If Amazon amends the Amazon Payments, Inc. Customer Agreement, the amended and restated version will be posted here: Amazon Payments, Inc. Customer Agreement. Such amendments to the Amazon Payments, Inc. Customer Agreement are effective as of the date of posting. Your continued use of Amazon Pay on your Store after the amended Amazon Payments, Inc. Customer Agreement is posted constitutes your agreement to, and acceptance of, the amended Amazon Payments, Inc. Customer Agreement. If you do not agree to any changes to the Amazon Payments, Inc. Customer Agreement, deactivate your Amazon Pay account and do not continue to use Amazon Pay on your Store.

2.9 Domain Names

1. Upon purchasing a domain name through Shopify, domain registration will be preset to automatically renew each year so long as your Shopify Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. Shopify Rights

Which means

Shopify has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Shopify Account, we can freeze a Shopify Account or transfer it to the rightful owner, as determined by us.

1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
2. Shopify does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Shopify employee, member, or officer will result in immediate Account termination.
4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Shopify employees and contractors may also be Shopify customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
6. Shopify reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Shopify reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.