Terms of Service

Listify ("the Service", "we", "us", "our") is a gift registry and wishlist application for Shopify stores and the website at listifyregistry.com, including its documentation, API reference and demo. We are based in Cape Town, South Africa. The Service allows merchants to enable shoppers to create, share, and manage gift registries and wishlists, and to receive related transactional emails.

By installing Listify, accessing the admin app, using our website, 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.

• The Service is offered to merchants, and to the agencies and developers who work for them, for running their own stores. It is not offered to a business that builds, sells or markets a product that competes with the Service, or to a store used on such a business's behalf or for its benefit.
• We may decline to provide the Service to a store, or stop providing it, where we reasonably believe the store is linked to such a business (for example through ownership, staff, an email address, a domain or payment details), or is being used to evaluate, test, benchmark, copy or analyse the Service in order to build, improve, train or market a competing product.
• We may also decline or stop providing the Service to a store for any other lawful reason. Where we stop providing it to a store we do not believe is linked to a competitor, we aim to give reasonable notice first, unless the Termination section applies.
• A store we decline is shown a notice in the app that Listify is not available to it. If the store has a paid Listify subscription, we cancel it through Shopify so that it is not charged for any period in which the Service is unavailable to it under this section. This section does not limit our rights under the Acceptable use and Termination sections.

• 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.

• 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 30 days' notice. Continued use after the change date constitutes acceptance. Plan changes still run through Shopify's billing-approval flow, so merchants are not charged a new amount without explicit consent.

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, deobfuscate or attempt to extract source code, including the code the Service delivers to storefronts and browsers, except where this restriction is prohibited by law
• Copy, reproduce or imitate the Service's code, text, design, user interface, documentation, features or workflows in order to build, improve, train, benchmark or market a product that competes with the Service
• Inspect, record (including screenshots and screen recordings), scrape or analyse the Service, including the code and network traffic it delivers to storefronts and browsers, for that same purpose
• Access or copy the Service or its content by automated means (bots, scrapers, crawlers), other than through the Listify API as documented, search-engine indexing of public registry pages, and the normal operation of a storefront
• 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

None of this restricts normal use, theme integration, debugging, accessibility work, or security research reported to us. These rules apply whether you act yourself or through someone else, such as an agency, developer or contractor, and whether for your own benefit or a third party's. The rules on copying and analysing the Service continue to apply after you stop using it.

We may suspend or terminate accounts that violate these rules, with or without notice depending on severity.

• 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.

The Service, including its software, design, logos, and documentation, is the property of Listify 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 as long as you use the Service under these terms. This license does not allow you, or anyone acting for you, to use the Service, its code, its design, its text or its documentation to develop, train, benchmark or market a product that competes with the Service, and what you learn about the Service by using it may not be used for that purpose, during or after your use.

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.

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.

• 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, the rules on copying and analysing the Service, liability, indemnification, governing law) survive.

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.

To the maximum extent permitted by law, Listify 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 12 months preceding the event giving rise to the claim, and (b) 100 USD.

You agree to defend, indemnify, and hold harmless Listify 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.

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.

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 30 days before they take effect. Continued use after the effective date constitutes acceptance.

These terms are governed by the laws of the Republic of South Africa, without regard to its conflicts of laws principles. The courts located in Cape Town, South Africa 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.

• 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.

Questions about these terms: support@listifyregistry.com