Terms of Service

1. Relationship with Shopify

These Terms are an agreement between you and Marq LLC, a Delaware limited liability company with its registered address at 16192 Coastal Highway, Lewes, DE 19958, United States ("we", "us", or "our"), not with Shopify Inc. ("Shopify"). We, not Shopify, are solely responsible for the App and its content.

However:

• Your use of the Shopify platform is governed by your separate agreement(s) with Shopify.
• Shopify is not responsible for providing any support or maintenance services for the App.
• Shopify is not liable for any claims, losses, or damages arising from or related to your use of the App.

2. Eligibility and account

To use the App, you must:

• Have a valid Shopify store and be authorized to install apps and bind the Merchant to these Terms.
• Be at least the age of majority in your jurisdiction.
• Provide accurate and up-to-date information when requested (for example, for billing or support).

You are responsible for maintaining the security of your Shopify account and any access credentials used to access the App and for all actions taken in the App using your Shopify store or by users you authorize.

3. Description of the App

The App provides analytics, reporting, and related features to help you understand and optimize the performance of your ecommerce and advertising activities. This may include:

• Syncing data from your Shopify store (orders, revenue, products, and related metrics)
• Connecting to third-party advertising and marketing platforms (such as Meta, TikTok, Google Ads, Klaviyo, or others you choose to integrate)
• Calculating and displaying metrics such as revenue, profit, ROAS, CAC, and other performance indicators
• Generating reports, alerts, and dashboards based on your data

We may add, modify, or remove features from time to time as part of ongoing development and improvement of the App.

4. Installation, access, and permissions

When you install the App, you authorize us to access your Shopify store data and, if you choose to connect additional platforms, data from those platforms, as necessary to provide the App's functionality. The specific permissions (scopes) requested will be shown during installation and in your Shopify admin.

You agree to:

• Grant and maintain the permissions required for the App to function correctly.
• Not misuse the App or access it via unauthorized or automated means.
• Ensure that any users you authorize to access the App comply with these Terms.

5. Use of data

Our collection, use, and disclosure of data in connection with the App are described in our Privacy Policy. By using the App, you acknowledge that your data, and the data of your customers, will be processed in accordance with that Privacy Policy.

You are responsible for:

• Ensuring that you have all necessary rights and consents to allow us to process data on your behalf.
• Providing any required notices to your customers about your use of the App and the processing of their data.

6. Plans, fees, and billing

If the App offers paid plans or usage-based fees:

• Fees, billing intervals, and trial periods (if any) will be described in the Shopify App Store listing or within the App's billing page.
• Charges are typically processed through Shopify's billing system, using the Shopify Billing API. By selecting a paid plan, you authorize Shopify to charge the applicable fees to your chosen payment method on our behalf.
• Unless otherwise stated, all fees are in the currency specified in the App listing and are non-refundable, except where required by law or explicitly stated otherwise.

You are responsible for reviewing pricing and plan details before accepting charges and for managing your subscription through the App or your Shopify admin, including upgrades, downgrades, and cancellations.

If you downgrade or cancel a plan:

• Changes may take effect at the end of your current billing period or earlier, depending on how billing is configured in the App and the Shopify Billing API.
• You may lose access to certain features, data retention levels, or usage limits when the downgrade or cancellation takes effect.

7. Free trials and promotions

We may offer free trials or promotional pricing from time to time. The duration and conditions of a trial or promotion will be described at the time of sign-up. At the end of a trial, your subscription may automatically convert to a paid plan, and standard fees may apply unless you cancel before the trial ends (as described in the App or listing).

We reserve the right to modify or discontinue trials or promotions at any time, subject to applicable law.

8. Term and termination

These Terms apply from the time you install the App and continue until:

• You uninstall the App from your Shopify store; or
• We terminate your access in accordance with these Terms.

You may terminate your use of the App at any time by uninstalling it from your Shopify store. Uninstalling the App will stop new data collection but does not automatically delete historical data; data handling after uninstall is described in our Privacy Policy.

We may suspend or terminate your access to the App (or any part of it) at any time, with or without notice, if:

• You violate these Terms or applicable law.
• We believe your use of the App creates risk or harm to us, Shopify, other merchants, or the public.
• We discontinue the App or substantially modify it.

Upon termination, your right to access and use the App will cease, any accrued payment obligations will remain due, and certain provisions of these Terms that by their nature should survive (for example, limitations of liability, disclaimers, and indemnities) will continue to apply.

9. Merchant responsibilities

You are solely responsible for:

• Your store, including its content, products, pricing, policies, and compliance with applicable laws and regulations.
• Configuring and reviewing the App's settings, including metric definitions, alerts, and integrations.
• Verifying the accuracy and suitability of any reports, analytics, or recommendations produced by the App before relying on them for business decisions.

The App relies on data provided by Shopify and third-party platforms. We are not responsible for errors or omissions in data provided by those platforms, for misconfigurations of your store, campaigns, or third-party accounts, or for business decisions you make based on outputs from the App.

10. Intellectual property

We own all rights, title, and interest in and to:

• The App and its underlying software, technology, and documentation.
• Any trademarks, logos, and branding used in connection with the App.
• Any improvements, modifications, or derivative works we create.

You retain all rights to your store content, data, and trademarks, and to data originating from your Shopify store and connected platforms, subject to the licenses you grant to us to operate the App.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your internal business purposes, in accordance with these Terms and Shopify's policies.

You may not:

• Copy, modify, reverse engineer, decompile, or otherwise attempt to derive the source code of the App, except to the extent permitted by law.
• Resell, sublicense, or otherwise provide the App to third parties without our prior written consent.
• Remove or alter any proprietary notices or labels.

11. Third-party services and links

The App may integrate with or provide links to third-party services (such as ad networks or analytics tools). Your use of those services is governed by their own terms and privacy policies, not these Terms. We are not responsible for the availability, accuracy, or content of third-party services or for any damages or losses arising from your use of third-party services.

12. Disclaimers

To the fullest extent permitted by law, the App is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that any results or metrics provided by the App will be accurate, complete, or suitable for your specific business needs. You are solely responsible for evaluating whether the App is appropriate for your store and business.

13. Limitation of liability

To the fullest extent permitted by law:

• In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of or inability to use the App, even if we have been advised of the possibility of such damages.
• Our total aggregate liability arising out of or relating to the App or these Terms will be limited to the greater of: (a) the amount you paid for the App during the three (3) months immediately preceding the event giving rise to the claim; or (b) one hundred (100) USD (or equivalent in your local currency).

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the minimum extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, and our and their respective directors, officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App.
• Your violation of these Terms or any applicable law.
• Your store, products, or business practices.
• Any data or content you provide through the App.

15. Changes to the App and these Terms

We may update or modify the App at any time, including by adding or removing features. We may also update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and, where appropriate, may provide notice within the App or via email.

Your continued use of the App after changes to these Terms become effective constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must uninstall and stop using the App.

16. Governing law and disputes

These Terms and any dispute arising out of or relating to the App will be governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, unless a different law is required by applicable consumer protection or other mandatory rules.

Any disputes will be resolved in the state or federal courts located in the State of Delaware, unless applicable law provides otherwise. Nothing in these Terms limits any rights you may have under mandatory consumer protection laws.

17. Miscellaneous

• Entire agreement: these Terms, together with any policies referenced herein (including our Privacy Policy), constitute the entire agreement between you and us regarding the App.
• Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
• Assignment: you may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

If you have any questions about these Terms, please contact us using the support email address listed on our Shopify App Store listing and within the App.