Terms of Use

AppHero develops and owns a family of Shopify applications, including Attrac, Free Gift and Upsell (each an "Application" and together the "Applications"), that help Shopify merchants grow sales on their online stores. In these Terms, "AppHero", "we", "us" and "our" refer to AppHero.

By accessing, installing or using any of the Applications, you agree to these Terms of Use (the "Terms"). If you do not agree to these Terms, you may not use the Applications.

Who may use the Applications

The Applications may only be used by legal entities and by individuals who are at least 18 years old and have full legal capacity. By using the Applications, you confirm that you meet these requirements.

If you accept these Terms on behalf of a company or other entity (the "Merchant"), you confirm that you are authorized to bind it, and that you or the Merchant own the store where the Application is used. In these Terms, "you" refers to both you and the Merchant.

Use

You may use the Applications only for your reasonable business needs. We may limit or disable any feature, temporarily or permanently, if your use is excessive and could burden or disrupt the service.

To subscribe, you sign in to Shopify, install the Application from the Shopify App Store and choose a plan for your store ("Your Subscription"). Your Shopify account is governed by Shopify's own terms, which you must follow. You are solely responsible for all activity carried out through your Shopify account and Your Subscription.

Fees and billing

Some Applications or features may be free, or offered on a free trial that may be limited in time. After a trial ends, continued use may require paying the fees of the plans shown when you subscribe or later. If we convert a free feature into a paid one, we will ask for your consent; if you do not consent, we may end Your Subscription.

Fees are quoted in US dollars unless stated otherwise and are billed through Shopify. You agree to pay the fees together with any applicable taxes, surcharges or payment processor commissions, which are your responsibility. You must keep your billing information accurate and up to date.

Except where a specific refund policy is offered for an Application (such as a money-back guarantee shown on our pricing page), fees are non-refundable and are owed whether or not you used or benefited from the Application. The terms of the payment processor also apply to your billing information.

Termination and suspension

Termination by you. You may stop using an Application at any time by removing it from your Shopify store.

Termination by us. If you misuse an Application, provide false or fraudulent content, or otherwise breach these Terms, we may limit, suspend or terminate your access and take any technical or legal action we consider appropriate.

Effects of termination. When these Terms end, you must stop using the Application and you will lose access to it and to your Content. We may continue to use Content you provided before termination for promotional purposes under the licence you granted. Personal data is retained and deleted as described in our Privacy Policy. The sections on fees and billing, effects of termination, content, privacy, intellectual property, limitation of liability, indemnification, applicable law and general terms survive termination.

Content

"Content" means anything you create or display on your store through the Applications, such as announcement bars, popups, banners, countdown timers, gift offers, product recommendations and upsell offers, including the Merchant's trademarks and other materials. We do not claim ownership of your Content.

You grant us a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and transferable licence to use, copy, modify, distribute, post and create derivative works of your Content, on the Applications and on any other platform, for operating the Applications, supporting your store and promoting AppHero and its Applications. You waive any claims against us relating to intellectual property rights, including moral rights and attribution, for Content used for these purposes.

You confirm that you own your Content or are licensed to use it and to grant these rights; that you have the consent of every identifiable person in it (and, for minors, the consent of their parents or guardians); and that your Content does not infringe any third party's rights, including intellectual property, privacy and publicity rights.

Feedback

We welcome feedback about the Applications. We may use any feedback you give us freely, without any obligation of confidentiality or non-use.

Your responsibilities

You are solely responsible for customer service, order fulfilment, product returns, and any taxes or charges related to the offers, gifts or discounts shown through the Applications.

You must obtain every permission required by law to share your customers' personal information with us, so that we can provide the Applications' features, including sending emails and recommendations on your behalf.

Restrictions

You must not: breach these Terms, Shopify's terms or our instructions; engage in or encourage illegal activity, including breaches of privacy, defamation, spam, copyright or consumer protection laws; interfere with or disrupt the Applications; breach their security or probe them for vulnerabilities; circumvent their operation or unlock disabled or undocumented features; use bots, crawlers or other automated tools to collect content; impersonate anyone or misrepresent your identity or affiliation; collect or process other users' personal information; or use the Applications to build a similar or competing product.

You must not upload or display Content that infringes the rights of others; is copied from other users without their written consent; contains malware or spyware; encourages crime or creates a risk of harm; is prohibited by law or court order; is threatening, abusive, harassing, defamatory, obscene, sexually explicit or discriminatory; contains inflammatory religious commentary; depicts or promotes violence; encourages illegal or reckless use of weapons; or constitutes spam, chain letters or pyramid schemes.

We may, but are not required to, review Content, including after a complaint. If we find Content to be fraudulent or in breach of these Terms, we may remove it from the Applications or your store, with or without notice, and suspend or terminate all or part of the Applications for you. If we end an Application for you, you will receive a pro-rated refund of any fees you prepaid for it.

Copyright

We respond to notices of alleged copyright infringement in line with the Digital Millennium Copyright Act (DMCA). We will remove infringing material when properly notified, may remove material at our discretion without prior notice, and will terminate the accounts of repeat infringers where appropriate. If you believe your Content was removed by mistake, you may send us a counter-notice. We are not responsible for content on third-party websites linked from Content.

Privacy

We respect your privacy and the privacy of your customers. Our Privacy Policy, which forms part of these Terms, explains how we collect and use personal information.

Intellectual property

Except for your Content, AppHero and its licensors own all rights in the Applications, including patents, copyrights, trademarks, trade secrets and goodwill. Unless expressly permitted, you may not copy, distribute, display, sublicense, decompile, reverse engineer, modify, sell, rent or create derivative works of the Applications. You may not use names, marks or logos similar to ours, including in domain names, or act in a way that harms our reputation.

Requests to remove Content

You and third parties may ask us to remove Content, including from your store, if it is false, misleading or otherwise in breach of these Terms. You can send a request through our help center. We review every request and act as needed.

Changes to the Applications

We may, but are not required to, provide updates or upgrades, and we decide their frequency and scope. We may change features or suspend any Application at any time, without prior notice and without liability to you.

Support and availability

The Applications depend on third-party software, hardware and networks, including Shopify, and we may interrupt them for maintenance or operational reasons. We do not guarantee that the Applications will be uninterrupted, error-free, always available or secure, and no compensation or refund is due for interruptions. The Applications do not provide a data backup service.

During Your Subscription we provide technical support on business days during business hours. We aim to respond within a reasonable time, but we do not guarantee response times or resolutions, and we may decline requests that require unreasonable time, effort or cost.

Changes to these Terms

We may amend these Terms from time to time and will let you know when we do. Continuing to use the Applications after the changes take effect means you accept them. If you do not accept the changes, you must stop using the Applications, and these Terms will end as described under Effects of termination.

Disclaimer of warranty

The Applications are provided "as is" and "with all faults". To the fullest extent permitted by law, AppHero and its staff disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, quality, reliability, non-infringement, title, compatibility, performance, availability, security and accuracy, in relation to the Applications, Content, your store, Your Subscription, fees, billing and any third-party software, hardware or platforms.

Limitation of liability

Your dealings with third parties, including your customers, are solely between you and them. Your use of the Applications is at your own risk.

To the extent permitted by law, AppHero and its staff are not liable for any indirect, special, punitive, incidental or consequential damages, including loss of profits or data, arising from or related to the Applications. Our total liability for any claim is limited to the fees you paid (if any) for the Application concerned in the twelve (12) months before the event giving rise to the claim.

Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold harmless AppHero and its staff, at your own expense, from any damages, losses, costs and legal fees arising from your use of or inability to use the Applications, your store, your Content, your breach of these Terms, any fraudulent act by you, or your breach of any applicable law.

Applicable law and venue

These Terms are governed by the laws of the Hashemite Kingdom of Jordan, without regard to conflict of law principles, and the courts of Jordan have exclusive jurisdiction over any dispute. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. A waiver of any breach does not waive any later breach.

Publicity

You agree that we may say that you use our Applications, including by displaying your name and logo on our website and in our marketing materials.

Links to other websites

The Applications may contain links to third-party websites or resources. A link does not mean we endorse, sponsor or verify those websites or their content, and we are not responsible for them or their availability.

Contact

If you have any questions about these Terms, please reach us through our help center.