1. Service description
Listify ("the Service") is a gift registry and wishlist application for Shopify stores, operated by Luna Lemon ("we", "us", "our"). The Service allows merchants to enable shoppers to create, share, and manage gift registries and wishlists, and to receive related transactional emails.
2. Acceptance of these terms
By installing Listify, accessing the admin app, or otherwise using the Service, you agree to these Terms of Service. If you do not agree, do not install or use the Service.
If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these terms.
3. Account, eligibility, and Shopify
- The Service is delivered through Shopify and requires an active Shopify account in good standing.
- Your use of Shopify is governed by Shopify's own terms of service, which apply in addition to these terms. Where the two conflict on platform-related matters, Shopify's terms govern access to the platform.
- You are responsible for keeping your Shopify account credentials secure and for all activity under your account.
4. Billing
- Pricing is shown on the Listify pricing page and inside the app. Plans are billed monthly through Shopify's billing API.
- Shopify is responsible for collecting payment, handling chargebacks, and remitting funds to us.
- Plan changes (upgrades, downgrades) take effect on the schedule defined by Shopify's billing API; pro-rations follow Shopify's rules.
- Free plan usage and any free trials are subject to the limits described on our pricing page.
- We may change pricing on {{PRICING_CHANGE_NOTICE_DAYS}} days' notice. Continued use after the change date constitutes acceptance.
5. Acceptable use
You agree not to use the Service to:
- Violate any law or regulation, or infringe anyone's rights
- Send spam, phishing, or unsolicited bulk messages
- Upload or distribute malware, viruses, or other harmful code
- Attempt to interfere with the integrity, security, or performance of the Service
- Reverse-engineer, decompile, or attempt to extract source code, except where this restriction is prohibited by law
- Resell, sublicense, or white-label the Service without a written agreement
- Impersonate any person or entity, or misrepresent your affiliation with one
- Use the Service to host or distribute content that is obscene, defamatory, or unlawful
We may suspend or terminate accounts that violate these rules, with or without notice depending on severity.
6. Your content and data
- You retain ownership of all data you and your shoppers submit through the Service ("Your Content").
- You grant us a limited, non-exclusive license to host, store, process, and transmit Your Content solely as necessary to provide the Service.
- You are responsible for ensuring you have the rights and lawful basis to collect and process Your Content (including shopper personal data) and for complying with applicable privacy laws.
7. Our intellectual property
The Service, including its software, design, logos, and documentation, is the property of Luna Lemon and its licensors, and is protected by copyright, trademark, and other laws. We grant you a non-exclusive, non-transferable license to use the Service for the duration of your active subscription, subject to these terms.
8. Third-party services
The Service integrates with Shopify and may rely on third-party providers (for example, email delivery and hosting). We are not responsible for the acts or omissions of those providers, but we will use reasonable efforts to choose providers that meet appropriate standards.
9. Beta and experimental features
We may offer features marked "beta", "preview", or similar. Those features are provided as-is, may be changed or removed at any time, and may have additional usage limits or terms. Bug reports for beta features are welcome but do not constitute a guarantee of fix or support timeline.
10. Termination
- You may terminate at any time by uninstalling the app from your Shopify admin.
- We may terminate or suspend your access immediately, without prior notice, for material breach of these terms, abusive behavior, non-payment, or to comply with legal requirements.
- On termination, your access ends and your data is handled per our Privacy Policy. Sections that by their nature should survive termination (intellectual property, liability, indemnification, governing law) survive.
11. Warranty disclaimer
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Service will be uninterrupted, error-free, or secure.
12. Limitation of liability
To the maximum extent permitted by law, Luna Lemon and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the Service.
Our aggregate liability arising out of or relating to these terms or the Service will not exceed the greater of (a) the amounts you paid to us through Shopify in the {{LIABILITY_LOOKBACK_MONTHS}} months preceding the event giving rise to the claim, and (b) {{LIABILITY_FLOOR_USD}} USD.
13. Indemnification
You agree to defend, indemnify, and hold harmless Luna Lemon from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) Your Content, (b) your use of the Service in violation of these terms or applicable law, or (c) your infringement of any third-party rights.
14. Changes to the Service
We are constantly improving the Service. We may add, change, or remove features at any time. Where a change materially degrades a feature you rely on, we will use reasonable efforts to notify merchants in advance.
15. Changes to these terms
We may revise these terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated to merchants by email at least {{TERMS_CHANGE_NOTICE_DAYS}} days before they take effect. Continued use after the effective date constitutes acceptance.
16. Governing law and venue
These terms are governed by the laws of {{GOVERNING_LAW_JURISDICTION}}, without regard to its conflicts of laws principles. The courts located in {{COURT_VENUE}} have exclusive jurisdiction over any dispute arising out of or relating to these terms or the Service, and you submit to the personal jurisdiction of those courts.
17. Miscellaneous
- Entire agreement. These terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
- Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.
- No waiver. Failure to enforce a provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign these terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
18. Contact us
Questions about these terms: support@listifyregistry.com