TERMS OF SERVICE
Last Updated: 28th November, 2020
This Terms of Service (the “ToS” or “Agreement”) apply with respect to the usage of the services (the “Service”) offered by Fancy Styles (the “Company”), a company created under the laws of the USA, and having its registered office at Los Angeles, CA, USA.
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THESE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
“App” means any Android or iOS mobile application created by a Merchant by using the Services;
“Platform” shall mean the website, the Shopify app store (app.shopify.com), and any other platform which may allow you to access and/or use the Services via any device/medium;
"Company," "we," "us," or "our" includes any other companies that are the Company’s subsidiaries and affiliates.
“Company Content” means and includes all ideas, concepts, inventions, systems, code, platforms, software, interfaces, tools, utilities, templates, forms, techniques, methods, processes, algorithms, know-how, trade secrets, the Platform, Documentation, and other technologies and information acquired, created, developed or licensed independently by us, prior to or outside the scope of this ToS and any improvement, modification, extension or other derivative works thereof and all intellectual property rights thereto. The Company Content excludes all Merchant Data;
“Merchant Data” means all electronic data, information, or other content (including the activity or behaviour of End-Users), submitted or provided by or on behalf of you to us, or collected/imported and processed by us from Shopify in connection with your authorised use of the Services;
“Documentation” means the implementation guides, help information and other user documentation regarding the Service that is provided or made available by us to a Merchant in electronic or other form;
“End User” means any user or customer of a Merchant’s App;
“You” or “Merchant” means any merchant or seller who has created a website through Shopify for the purposes of selling his/her goods and services, and is looking to create a mobile application for the same as well;
- Update of Terms
These ToS may be updated, amended, modified or revised by us from time to time. As a best practice, we encourage that You to refer to these ToS from time to time to ensure that You are aware of any additions, revisions, amendments or modifications that we may have made.
- Service(s) provided to Merchants
We provide an array of features and functionalities, including inter alia:
- The ability to automatically preview a template/design for your proposed App, once you register on our Platform;
- The ability to alter, modify, add, or change the template and features on your App, as per your requirements, once you have subscribed to our Services;
- The ability to publish your App on both the Google Play Store and the iOS App Store;
- The ability to periodically update your App, and reflect these updates in the various app stores as well;
- The ability to view and analyse the behaviour of your End-Users on the Apps;
- The ability to engage with your End-Users via different mediums such as emails, notifications, pop-ups etc., on the basis of their individual behaviour and activities on your App.
The Company reserves the right, in its sole discretion, to add, change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Platform and by sending You an email. Your continued use of Services following the posting of any changes to the same (including the addition or removal of features) constitutes Your acceptance of those changes. You are solely responsible for the activity that occurs on Your account (including those of other authorized users such as your employees) and for maintaining the security of your account and any information You input. We are not responsible for the accuracy or legitimacy of any information, data, or Merchant Data sourced by us from Shopify, or uploaded or posted by you or any of your employees/agents on the Platform during your usage of the Services. For the purposes of clarity, as long as your account is accessed with the correct username and password and unless you notify us of any unauthorized access, the Company is not and will not be responsible for verifying the nature of the individual/entity accessing your account, including if that person accesses, exports, or downloads any Merchant Data from the Platforms, and then shares the same with any third-party.
- Registration and Account Integrity
In order to register for our Services, you are required to sync your Shopify account on the Platform. This automatically provides us with access to your name, user ID, email ID, phone number, geographic location, and any other information that you may have provided to Shopify at the time of registration. We do not have access to and do not at any time request you to provide us with access to your password, unless you have given us explicit written permission to access your account pursuant to a request for assistance or support.
It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You account user ID and password should not (i) contain the names and information of another person; or (ii) use words that are the trademarks or the property of another party (including ours); or (iii) use words that are vulgar, obscene or in any other way inappropriate. At the time of creation and each time you access your account thereafter, we track your IP address for the purposes of determining the geographical location from which you are accessing the Platform.
- Data Collection and Usage
All Merchant Data that you create, transmit, submit, display or otherwise make available while using the Services, should only be information that You own or have the right to use and share. This includes:
- The data/information referred to under paragraph 4 above;
- Data pertaining to your website and business (such as the names of goods/services, the value of the same, your monthly revenue etc.), as will be imported by us from Shopify for the purposes of creating your account;
- Data pertaining to your behaviour and activities on the Platform, including but not limited to the features viewed and accessed, features added or deleted from the App etc.; and
- Data regarding your End-Users’ usage of your App, including but not limited to their name, email IDs (if they have logged into the Apps), their behaviour on the App, and the details provided by them while placing orders (if any).
We assume that prior to using our Services, you have informed and taken the consent of your End-Users for the purposes of transferring, processing, using, and/or sharing their information (including their personally identifiable information) with us.
It is necessary and mandatory for us to collect and access the information covered above paragraph, for us to be able to provide you with the Services. Should you choose not to provide any of the information or not to allow us to access any of the same, you will be unable to access or use any part of the Services.
While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause all or any part of the Merchant Data to be permanently deleted, irretrievable, or temporarily inaccessible.
- Third Party Services
We use certain third-party service providers in order to power and provide you with the Services. In this process, we share some or all of the Merchant Data with some of these third-party service providers, as is necessary to enable them to provide the requisite services. These service providers are as follows:
- Google Analytics, for the purposes of observing, analyzing, and optimizing Merchant and End-User experience on the Platform and on the Apps;
- Intercom, for the purposes of sending marketing emails and communications to Merchants;
- Lucky Orange, for the purposes of observing the activities of Merchants in video-format, to aid with identifying and fixing bugs and problems on the Platform; and
- CleverTap, to track End-User behavior on the Apps and to use the same to aid you in engaging with them in a personalized manner;
Further, we will attempt to ensure that all our third-party service providers are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to You.
- Rules and Conduct
As a condition of use, You promise not to use the Service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The Service and Platform is provided only for Your own personal, non-commercial use.
By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services; (iii) bypass any measures we may use to prevent or restrict access to the Services or Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of Platform or Services; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
- Content Ownership and Copyright Conditions of Access
Your copying, distributing, displaying, reproducing, modifying, or in any other way using of the Company Content in any manner not specified in these ToS, will be a violation of copyright and other intellectual property rights and Company reserves its rights under applicable law accordingly. We reserve all rights, title, and ownership in and to the Company Content.
You will at all times remain the complete owner and retain all rights and title in and to the Merchant Data. This includes assuming liability and responsibility in cases where the Merchant Data breaches any conditions of confidentiality, any intellectual property rights, or any other third-party rights.
- Reviews and Feedback
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Platform or the Services; and/or
- Resolving any complaints, information, or queries received from you regarding the same;
and you agree to provide your fullest co-operation further to such communication by Company.
- Rights and Obligation relating to the Company Content
You are prohibited from:
- violating or attempting to violate the integrity or security of the Platform or any content thereof;
- transmitting any information (including messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of our services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots etc.) to navigate or search the Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- copying or duplicating in any manner any of the Company Content or other information available from the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
We may, upon obtaining knowledge by itself or been brought to actual knowledge in writing or through email about any breach of the above conditions, temporarily suspend/delete your account, impose penalties, or take any other actions that we may deem fit. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes or as may be required by applicable law.
In case of non-compliance with any applicable laws, rules or regulations, or this ToS/PP by you, we shall have the right to immediately terminate Your access or usage rights to the Platform and to remove non-compliant information from the same.
The Company offers email-based/online support and query-resolution tools. You may access support resources or contact our support by emailing at email@example.com The Company shall use commercially reasonable best efforts to respond to Your request for support, or to fix any problems You may be having, as is applicable. Any suggestions by the Company to You regarding use of the Services/the Platform shall not be construed as a warranty.
The Company reserves the right to suspend or terminate Your access to the Platform and the services with or without notice and to exercise any other remedy available under law, in cases where,
- You are in breach of any terms and conditions of this ToS;
- You default on your subscription payments;
- The Company is unable to verify or authenticate any information provided to Company by You;
- The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or
Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the Platform under the same account, a different account or re-register under a new account. The Company shall destroy and/or delete all the data and other information related to your account within 14 days of the date of termination. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICES AND THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Platform and Services; or (ii) Your violation of the ToS or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TO THE COMPANY IN THE 3 MONTHS PRECEDING THE OCCURENCE OF THE LOSS; OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States of America without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the ToS or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Los Angeles, CA and You hereby accede to and accept the jurisdiction of such courts.
The ToS are the entire agreement between You and the Company with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the same. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
If You have any questions regarding the Platform or Services, please contact Company at firstname.lastname@example.org or reach out to our service care number.