1. Acceptance
These Terms of Service ("Terms") form a binding agreement between you ("Merchant", "you") and Referral Gem ("we", "us", "our"). By installing or using the Referral Gem application (the "Service") you agree to these Terms and our Privacy policy.
2. The service
Referral Gem is a referral marketing application that integrates with your Shopify store. It mints referral links for your customers, attributes resulting orders, issues two-sided rewards through Shopify Discounts, and provides analytics. The Service is provided on a subscription basis.
3. Eligibility & accounts
- You must operate a Shopify store in good standing.
- You must be at least 18 years old and able to enter contracts.
- You are responsible for activity that occurs under your store and for the security of your Shopify credentials.
4. Acceptable use
You agree not to:
- Use the Service to send spam or unsolicited messages.
- Misrepresent referral offers or use the Service to deceive your customers.
- Attempt to defeat fraud protection, attribute referrals to yourself, or otherwise game rewards.
- Reverse engineer, scrape, or attempt to access non-public portions of the Service.
- Use the Service for any illegal or infringing purpose.
5. Fees, billing & trials
Subscription fees are billed through Shopify Managed Pricing. Charges, free trials, plan changes, refunds, and cancellations are handled directly inside your Shopify admin in accordance with Shopify's billing rules. The current price for each plan is shown on our Shopify App Store listing.
We may change pricing on a forward-looking basis with reasonable notice. Continued use after the change takes effect constitutes acceptance of the new pricing.
6. Customer data & privacy
You retain ownership of your store and customer data. We process personal data on your behalf as your processor, in accordance with our Privacy policyand Shopify's Protected Customer Data requirements. You are responsible for ensuring you have the lawful basis to share customer data with the Service and to send messages on your customers' behalf.
7. Service availability
We aim for high availability and continuously monitor the Service, but we do not guarantee uninterrupted operation. Scheduled maintenance, third-party outages (including Shopify), and force majeure events may impact availability.
8. Intellectual property
The Service, including its software, design, and brand, is owned by us or our licensors. We grant you a non-exclusive, non-transferable right to use the Service while your subscription is active. You may not copy, modify, or create derivative works of the Service.
9. Termination
You may uninstall the Service from your Shopify admin at any time. We may suspend or terminate access if you materially breach these Terms, if your Shopify account is closed, or if continued provision would expose us to legal risk. On termination, your data is handled as described in our Privacy policy.
10. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant any particular revenue uplift, conversion rate, or referral volume.
11. 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 or revenue. Our aggregate liability under these Terms is limited to the fees you paid us in the twelve months preceding the event giving rise to the claim.
12. Indemnity
You agree to indemnify and hold us harmless from claims arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated through the app or by email. Your continued use of the Service after changes take effect constitutes acceptance.
14. Governing law
These Terms are governed by the laws of the jurisdiction in which we are established, without regard to its conflict-of-laws principles. Disputes will be resolved in the courts of that jurisdiction.
15. Contact
Questions about these Terms: hello@referralgem.com.