1. Agreement
These Terms of Service (“Terms”) form a legally binding agreement between you and Xirvy (“Xirvy”, “we”, “us”).
By accessing our website or installing/using the Xirvy Shopify application (the “App”), you agree to these Terms. If you use the App on behalf of a business, you represent that you have authority to bind that business.
If you do not agree, do not use the website or App.
2. Definitions
- Website means the Xirvy marketing site and related pages operated by us.
- App means the Xirvy Shopify application and related storefront widgets, discount functions, and admin tools.
- Merchant / you means the Shopify store owner or authorised user installing or using the App.
- Shopify means Shopify Inc. and its affiliates and the Shopify platform/App Store.
3. Website use
You may browse the Website for lawful purposes. Website content is provided for general information about Xirvy and may change without notice. Marketing materials, pricing displays, and feature descriptions are not a guarantee of uninterrupted availability of every feature at all times.
You must not attempt to gain unauthorised access to the Website, interfere with its security or performance, or use it to distribute malware or unlawful content.
4. Shopify App and platform relationship
The App is distributed through Shopify and runs within the Shopify ecosystem. Your use of Shopify remains governed by Shopify’s terms and policies. Where Shopify’s terms conflict with these Terms regarding the Shopify platform itself, Shopify’s terms control for that subject matter.
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your Shopify store during an active subscription or trial, solely in accordance with these Terms and applicable Shopify rules.
You acknowledge that App functionality depends on Shopify APIs, themes, Discount Functions, and storefront configuration. We are not responsible for Shopify outages, theme conflicts introduced by third parties, or changes Shopify makes to its platform.
5. Accounts, trials, and billing
Access to paid App features may require selecting a plan. Billing for Shopify App subscriptions is typically handled by Shopify. Fees, trial length, usage caps (including attributed revenue caps where applicable), and plan features are described in the App and/or on the Website and may be updated from time to time.
Unless required by law or Shopify’s billing rules, fees are generally non-refundable once a billing period has started. Enterprise or custom arrangements may be agreed separately in writing.
You are responsible for keeping installation, billing, and contact information accurate.
6. Acceptable use
You must not use the Website or App to:
- Violate any applicable law or regulation (including consumer, advertising, or competition law)
- Misrepresent prices, discounts, or promotions to end customers
- Infringe intellectual property or privacy rights
- Transmit malware, spam, or harmful code
- Reverse engineer, scrape, or overload our systems except as allowed by mandatory law
- Resell or sublicense the App except as we expressly permit
Your use of the Website and App is also subject to our Acceptable Use Policy, which is incorporated into these Terms. A breach of that policy is a breach of these Terms.
7. Your responsibilities as a merchant
You are solely responsible for:
- Your Shopify store, products, pricing, tax configuration, and customer relationships
- Configuring offers, targeting, messaging, and widget appearance lawfully and accurately
- Obtaining any consents and providing any notices required for your storefront and marketing
- Ensuring your use of discounts and promotions complies with applicable law and Shopify policies
- Backing up your own store data and reviewing App behaviour in a development store before production use where appropriate
End customers of your store are your customers, not ours, unless we state otherwise for a specific feature.
8. Intellectual property
We and our licensors own all rights in the Website, App, branding, software, and documentation. You retain ownership of your store content and product data. You grant us a limited licence to host and process your configuration and related data solely to provide the App.
You may not copy, modify, or create derivative works of the App except as permitted by law or with our written consent.
9. Disclaimers
The Website and App are provided on an “as is” and “as available” basis to the fullest extent permitted by law. We do not warrant that the App will be uninterrupted, error-free, or compatible with every theme or third-party app.
Nothing in these Terms excludes or limits liability that cannot be excluded under English law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
10. Limitation of liability
Subject to the non-excludable liabilities above:
- We are not liable for indirect, incidental, special, consequential, or punitive losses; loss of profits, revenue, goodwill, or data; or business interruption, whether arising in contract, tort (including negligence), or otherwise
- Our total aggregate liability arising out of or in connection with the Website or App in any 12-month period is limited to the greater of (a) the fees you paid us for the App in that period (excluding Shopify platform fees retained by Shopify), or (b) £100
You agree this allocation of risk is reflected in our pricing. If you are a consumer in a jurisdiction that prohibits certain limitations, those mandatory rights remain unaffected.
11. Suspension and termination
We may suspend or terminate access to the App if you breach these Terms, if required by Shopify or law, or if continued provision creates security or legal risk. You may stop using the App by uninstalling it from Shopify. Sections that by nature should survive (including IP, disclaimers, liability, and governing law) will survive termination.
12. Privacy
Our processing of personal data is described in our Privacy Policy and Cookie Policy. By using the Website or App, you acknowledge those documents.
Where you use the App to process personal data of your end customers and we act as a processor on your behalf, our respective data protection obligations are set out in our Data Processing Agreement, which forms part of these Terms.
13. Governing law and disputes
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident elsewhere in the UK you may also bring proceedings in your local courts where mandatory rules allow.
Consumer rights: Xirvy is a business-to-business product intended for Shopify merchants. Nothing in these Terms affects any statutory rights you may have that cannot be excluded or limited by law, including, where you deal as a consumer, your rights under the Consumer Rights Act 2015. If you are a consumer, you may also be able to use the courts of your home UK nation, and mandatory consumer protections take precedence over any conflicting term.
Complaints: if you have a complaint, please contact us first using the email address in Contact so we can try to resolve it. We do not currently subscribe to an alternative dispute resolution (ADR) scheme, but this does not affect your right to take a dispute to court.
If any provision is held unenforceable, the remainder continues in force. These Terms constitute the entire agreement regarding the Website and App, subject to any separate written Enterprise agreement, our Acceptable Use Policy, our Data Processing Agreement, and Shopify’s platform terms.
14. Contact
Questions about these Terms: contact@xirvy.com