Terms of service
OVERVIEW
This Shopify application ("App") is operated by Brand-It! Calendar ("we", "us", or "our"). Throughout this document, the terms "we", "us" and "our" refer to Brand-It! Calendar. We offer this App, including all information, tools and services available through the App to you, the merchant, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By installing our App and/or using any of our services, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the App, including merchants who install and use the App. Please read these Terms of Use carefully before installing or using our App. By installing or using any part of the App, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not install the App or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools which are added to the current App shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes. Our App is hosted on Shopify's platform and integrates with Shopify stores to provide calendar functionality.SECTION 1 - APP INSTALLATION AND ACCOUNT TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and that you have the legal authority to bind your business to these terms.
You must have a valid Shopify store and account to use our App. Your use of the App is also subject to Shopify's Terms of Service.
You may not use our App for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature through the App.
A breach or violation of any of the Terms will result in an immediate termination of your App access.
You are responsible for maintaining the security of your Shopify account and any calendar configurations you create through our App.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content and calendar configurations may be processed and stored to provide the App functionality.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App, use of the App, or access to the App without express written permission by us.
You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - CALENDAR CONTENT AND ACCURACY
You are solely responsible for all calendar content, ICS URLs, and configurations you input into the App.
We are not responsible for the accuracy, completeness, or timeliness of calendar information displayed through our App.
You warrant that any calendar content you provide does not violate any third-party rights, including copyright, trademark, or privacy rights.
We reserve the right to remove or modify calendar content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICING
Subscription fees for our App are subject to change with 30 days' notice as outlined in our billing terms.
We reserve the right at any time to modify or discontinue the App (or any part or content thereof) with reasonable notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the App.
Any new features or functionality added to the App may be subject to additional terms or fees.
SECTION 5 - SUBSCRIPTION AND BILLING
Certain features of our App may require a paid subscription accessed through Shopify's billing system.
Subscription fees are non-refundable except as required by law or as specifically stated in our refund policy.
We reserve the right to refuse or cancel any subscription for any reason at our sole discretion.
You agree to provide current, complete and accurate billing information and to promptly update your account information, including payment methods.
SECTION 6 - THIRD-PARTY INTEGRATIONS
Our App may integrate with third-party services including Google Calendar and other calendar providers.
Your use of third-party integrations is subject to their respective terms of service and privacy policies.
We are not responsible for the availability, functionality, or content of third-party services.
Any issues with third-party services should be directed to those service providers.
SECTION 7 - GOOGLE CALENDAR INTEGRATION
If you choose to connect Google Calendar, you grant us permission to access your Google Calendar data solely for the purpose of providing App functionality.
We will only access the minimum necessary data to provide the calendar display features.
You can revoke Google Calendar access at any time through the App settings.
Your use of Google Calendar integration is also subject to Google's Terms of Service and Privacy Policy.
SECTION 8 - INTELLECTUAL PROPERTY
The App and its original content, features, and functionality are and will remain the exclusive property of Brand-It! Calendar and its licensors.
The App is protected by copyright, trademark, and other laws.
You may not use our trademarks, logos, or service marks without our prior written consent.
You retain ownership of your calendar content and configurations, but grant us a license to use, display, and process this content to provide the App services.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the App: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code; (f) to collect or track personal information of others beyond what's necessary for calendar functionality; (g) to spam, phish, or scrape; (h) to interfere with or circumvent the security features of the App; (i) to use the App in any way that could disable, overburden, or impair the App; (j) to attempt to gain unauthorized access to any portion of the App.SECTION 10 - USER DATA AND PRIVACY
Your submission of personal information through the App is governed by our Privacy Policy.
We collect and process data as described in our Privacy Policy to provide App functionality.
You are responsible for ensuring that any data you provide complies with applicable privacy laws.
We implement reasonable security measures to protect your data, but cannot guarantee absolute security.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our App will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the App will be accurate or reliable.
You agree that from time to time we may remove the App for indefinite periods of time or cancel the App at any time, without notice to you.
You expressly agree that your use of, or inability to use, the App is at your sole risk. The App and all services delivered to you through the App are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.
In no case shall Brand-It! Calendar, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the App.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brand-It! Calendar and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.SECTION 13 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by uninstalling the App from your Shopify store.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States.SECTION 17 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to the App following the posting of any changes to these Terms of Use constitutes acceptance of those changes.