Terms of Service

The agreement

These terms are the agreement between you — the merchant who installs Vitrine — and [legal entity name] ("Vitrine", "we", "us"). Installing the app from Shopify means you accept them. If you are installing on behalf of a company, you confirm you are authorised to do so.

Your use of Shopify itself is governed by your agreement with Shopify, not by this one. Nothing here changes that relationship.

What the service is

Vitrine consists of three parts:

a builder that runs inside your Shopify admin, where you design your app's home screen;
a hosted service that stores your themes and serves your store's catalogue to the app;
a native iOS and Android app shell that renders what you publish.

Vitrine reads your catalogue through Shopify's APIs. It does not process payments, hold funds, or take part in checkout — checkout is Shopify's, and your existing payment and refund arrangements are unaffected.

Installing and your account

Your account is created by the install. Shopify tells us your shop's domain and owner email, and we provision your store from that. There is no separate password for the embedded builder: it authenticates through Shopify, which is also what controls who on your team can open it. Manage that through your Shopify staff permissions.

You must keep control of your Shopify account. Anyone who can reach the Vitrine app in your admin can change and publish your mobile app.

Your responsibilities

Your store's compliance. Your products, prices, tax handling, shipping terms, consumer-law disclosures and refund policy remain yours. The app is another window onto the same store.
Your customers' privacy. You are the controller of your customers' personal data. You need your own privacy policy, and it must be accurate about the mobile app.
What you publish. The text and imagery in your theme are yours, including any claims made in them and any rights needed to use the images.
Keeping the app truthful. A theme that advertises a discount or a countdown that your store does not honour is a problem you have to fix in your store, not something we can correct.

Your content

Your themes, brand assets, copy and notification messages remain yours. You grant us a limited, non-exclusive licence to host, reproduce and transmit them purely to operate the service — to render your app, keep version history, and deliver notifications you send. We do not use your content to promote Vitrine without asking you first.

Acceptable use

You agree not to:

use Vitrine for anything unlawful, or to sell goods you may not lawfully sell;
publish content that is deceptive, infringing, hateful, or unsuitable for a general-audience app store;
attempt to reach another merchant's store, themes or data, or to test the security of the service without written permission;
automate the API beyond ordinary use of the app, resell access to it, or use it to mirror or scrape a catalogue that is not yours;
remove or obscure attribution where the service requires it, or impersonate Vitrine, Shopify, Apple or Google.

If something you publish puts the service or other merchants at risk, we may remove it or suspend the store, and we will tell you why.

Push notifications

You decide what notifications say and when they go out, so you are responsible for them — including any marketing-consent and electronic-communications rules that apply to your customers. Notifications reach devices whose owners granted permission at the operating-system level. We report what the push service accepted from us; we cannot guarantee that a message was delivered or read, and we say so in the dashboard rather than presenting acceptance as delivery.

Sending abusive volumes, or content that would breach an app store's rules, risks your app being removed by Apple or Google. We may suspend sending if that becomes likely.

App store listings

Publishing to the Apple App Store and Google Play is subject to their rules and their review, and neither is under our control. Approval, timing and continued availability are decisions Apple and Google make. Where the app is listed under your developer account, you are the developer of record and their terms apply to you directly.

Availability and change

Vitrine is offered as it is, without a service-level commitment. The service is young: features are added, changed and occasionally removed, and we may need to take it down for maintenance. We will avoid breaking published apps in the field — that is why unknown section types are skipped rather than fatal, and why published theme versions are never overwritten — but we cannot promise an interface will stay identical forever.

We also depend on Shopify's APIs. If Shopify changes or restricts them, parts of Vitrine may have to change with them.

Fees

Vitrine is currently free to install and use. If we introduce paid plans, any charge will be presented through Shopify's billing, which means Shopify shows you the amount and asks you to approve it before anything is charged. We will not convert an existing free install into a paid one without that approval, and we will give notice of [notice period, e.g. 30 days] first.

Intellectual property

Vitrine — the software, the builder, the app shell, the name and the brand — belongs to us and our licensors. These terms grant you the right to use the service, not to own or copy it. Shopify, Apple, Google and other names used here are the trademarks of their respective owners; Vitrine is an independent app and is not endorsed by or affiliated with Shopify.

If you send us feedback, we may act on it without owing you anything. It stays your opinion; the improvement becomes part of the product.

Privacy and data

Our Privacy Policy explains what we collect and why. Where we process your customers' personal data on your behalf, the Data Processing page forms part of this agreement and sets out the terms and the subprocessors involved.

Disclaimers

To the fullest extent the law allows, the service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that it will increase your sales.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, this section applies only as far as it lawfully can, and your statutory rights are unaffected.

Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost data or lost goodwill, even if warned it was possible.

Our total liability arising out of or relating to this agreement is limited to the greater of the amounts you paid us for the service in the twelve months before the claim, or [cap, e.g. USD 100]. Nothing here limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence.

Indemnity

You agree to indemnify us against third-party claims arising from your store, your products, the content you publish through Vitrine, the notifications you send, or your breach of these terms. We will tell you promptly about any such claim and let you take part in defending it.

Ending the agreement

You can end it at any time by uninstalling Vitrine from your Shopify admin. Uninstalling revokes our access tokens immediately and stops your app being served. Your themes are retained for a period afterwards so that reinstalling restores the app your customers already have — see how long we keep it — and you can ask us to delete them sooner.

We may suspend or end your access if you materially breach these terms, if required by law, or if continuing would put other merchants at risk. Except where that is impossible, we will tell you first and give you a chance to put it right.

Governing law

These terms are governed by the laws of [jurisdiction], and the courts of [venue] have exclusive jurisdiction — without affecting any mandatory consumer protections in your country of residence.

If any provision is found unenforceable, the rest stays in force. Failing to enforce a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it as part of a merger or sale of the business, on notice to you.

Changes to these terms

We may update these terms. The date at the top changes with them, and for a material change we will email installed merchants before it takes effect. Continuing to use Vitrine after that date means you accept the new version; if you do not, uninstall.

Contact

[legal entity name]
[registered address]
[email protected]