Terms of Service
These Terms of Service ("Terms") are a binding agreement between the merchant installing the Shoptest application ("Merchant", "you") and Shoptest ("Shoptest", "we", "us"). They govern installation and use of the Shoptest Shopify application (the "App") and any related services.
By clicking "I Agree" on the welcome screen presented immediately after installing the App, or by otherwise using the App, you accept these Terms in full, including the documents incorporated by reference below. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
2. Incorporated Documents
The following documents are incorporated into and form part of these Terms:
• Data Access & Processing Disclosure — describes exactly what data the App accesses, stores, and does not access.
• Privacy Policy.
• Data Processing Agreement (DPA) — governing Shoptest's processing of personal data as a processor on your behalf.
Where a conflict exists between these Terms and an incorporated document on a data-protection matter, the more specific document controls. We may update these incorporated documents from time to time in accordance with Section 14 below. The version in effect is always the one published at the URLs above.
3. The Service
Description. Shoptest is a Shopify storefront protection platform combining automated test flows for critical customer journeys, Shopify and third-party app status monitoring, broken-link tracking, AI-assisted failure diagnosis, and optional automated-repair workflows (the "Service").
Shoptest does not guarantee zero downtime, does not prevent every possible storefront issue, and does not replace your own engineering or QA function. The Service is a monitoring and testing aid, not a substitute for your operational responsibility for your store.
Installation and Authorization. Installing the App grants Shoptest access to your Shopify store strictly as described in the Data Access & Processing Disclosure. You authorize this access by completing the Shopify installation flow and accepting these Terms on the post-installation welcome screen.
Changes to the Service. We may add, change, or remove features of the Service at our discretion. Material reductions in core functionality you're actively paying for will be communicated in advance where reasonably possible.
4. Eligibility and Account
You must have the legal capacity to enter into a binding contract and must be a Shopify merchant in good standing. You are responsible for the accuracy of your account information and for activity occurring under your Shoptest account, including via staff accounts you authorize.
5. Fees, Billing, and Payment
Use of paid tiers of the Service requires an active license, billed monthly in advance and processed through our payment processor (currently Stripe). By purchasing a license, you authorize recurring monthly charges for your plan until cancelled.
We may change our fees with at least thirty (30) days' notice to the account owner. Continued use of the Service after a price change takes effect constitutes acceptance of the new fee.
Fees already paid are non-refundable, including for any unused portion of a billing period following cancellation or downgrade. You remain responsible for fees incurred up to the effective date of cancellation. Fees are exclusive of applicable taxes, which are your responsibility unless we are required by law to collect them.
6. Term, Suspension, and Termination
Term. These Terms remain in effect for as long as the App is installed on your store or you otherwise use the Service.
Termination by you. You may terminate at any time by uninstalling the App from your Shopify admin and/or cancelling your license.
Termination or suspension by us. We may suspend or terminate access for non-payment, breach of these Terms, suspected fraud or abuse, or if required to do so by Shopify or applicable law. Where reasonably possible, we will provide notice before suspension.
Effect of termination — data. On uninstall, the App stops syncing immediately. All shop data is permanently deleted 48 hours after uninstall, as described in the Data Access & Processing Disclosure.
7. Merchant Data, Privacy, and Data Protection
We process your data and your End Customers' data solely as described in the Data Access & Processing Disclosure and the DPA. We act as a Data Processor with respect to personal data processed on your behalf; you remain the Data Controller for your End Customers' personal data.
You are responsible for maintaining your own privacy policy disclosing your use of apps such as Shoptest, and for having a lawful basis for any End Customer data you share with connected apps.
8. Merchant Responsibilities and Acceptable Use
You agree not to:
• Use the Service to test, crawl, or interact with a store you are not authorized to access.
• Attempt to reverse-engineer, decompile, or circumvent the Service's access controls.
• Use the Service in a way that violates Shopify's Acceptable Use Policy or Terms of Service.
• Resell or sublicense the Service without our prior written consent.
• Use automated means to place excessive load on the Service beyond normal monitoring/testing use.
9. Intellectual Property
We and our licensors retain all right, title, and interest in the Service, including its software, design, and underlying technology. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during the term, for your own store(s), and for no other purpose.
You retain all rights in your own store data. We may use aggregated, de-identified data derived from use of the Service to improve the Service, provided it does not identify you or any End Customer.
10. Confidentiality
Each party will protect the other's non-public business, technical, and financial information disclosed in connection with these Terms with the same degree of care it uses for its own confidential information, and at least reasonable care, and will not disclose it to third parties except as needed to perform its obligations or as required by law.
11. Warranties and Disclaimers
Except as expressly stated in these Terms, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Service will detect every storefront failure, that monitoring will be uninterrupted, or that AI-assisted diagnosis will always correctly identify the cause of an issue.
12. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, or data, arising out of or related to these Terms or the Service.
To the maximum extent permitted by law, each party's aggregate liability arising out of or related to these Terms, whether in contract, tort, or otherwise, will not exceed the fees paid by the Merchant to Shoptest in the twelve (12) months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold Shoptest harmless from claims arising out of your misuse of the Service, violation of these Terms, or violation of applicable law, including data protection law with respect to your own End Customers.
14. Changes to These Terms
We may update these Terms or the documents incorporated by reference. For material changes, we will provide notice (e.g., in-app notification or email to the account owner) at least thirty (30) days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. General Provisions
Governing law and disputes. These Terms are governed by the laws of Poland, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms that we cannot resolve informally will be subject to the exclusive jurisdiction of the competent court for our registered seat in Poznań, Poland.
Assignment. Neither party may assign these Terms without the other's consent, except that we may assign them in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms, together with the documents incorporated by reference in Section 2, constitute the entire agreement between the parties regarding the Service and supersede any prior agreements on the same subject.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
Notices. Notices under these Terms should be sent to Hyper Effekt sp. z o.o., ul. 27 Grudnia 5/5A, 61-737 Poznań, Poland, or by email to legal@shoptest.ai.
16. Contact
Hyper Effekt sp. z o.o. ("Shoptest", "the Company") — KRS: 0001118008 · REGON: 529220060 · NIP: 7831908473. Registered office: ul. 27 Grudnia 5/5A, 61-737 Poznań, Poland. Legal & privacy contact: legal@shoptest.ai