These Terms and Conditions (“Terms”) govern your use of the Uppush application for Shopify (the “App”) and the website at uppush.io (together, the “Services”), provided by Uppush (“Uppush”, “we”, “us”). By installing the App or using the Services you agree to these Terms. If you use the Services on behalf of a business, you confirm you are authorised to accept these Terms for it.
1. The Services
Uppush provides email marketing, web push notifications, popups and marketing automation for Shopify stores. Features available to you depend on your plan, as described on our pricing page.
2. Your account and store
- You need an active Shopify store to use the App. Your use of Shopify is also governed by Shopify’s own terms.
- You are responsible for the content you send, the accuracy of your store and sender information, and for keeping access to your Shopify admin secure.
- We may verify your store or sending domain before enabling certain features, such as email campaigns.
3. Plans, billing and usage charges
- Plans are billed through Shopify’s billing system in US dollars. Paid plans renew every 30 days until cancelled.
- Paid plans include a monthly quota of emails and web push notifications. Messages sent above the quota are charged as usage at the rates shown in the App and on our pricing page, up to the monthly maximum you set.
- Free trials apply to the recurring plan fee only and only to your first upgrade; usage charges are billed during a trial.
- Usage charges relate to messages already sent and are not refundable, except where a send failed because of a technical problem on our side.
- You can cancel at any time from the App. Cancelling stops future charges; fees already billed are not refunded unless required by law.
- We may change prices or plans with reasonable prior notice. Changes do not affect a billing period that has already started.
4. Acceptable use and sending rules
You agree not to use the Services to:
- send messages to people who have not consented to receive them, or ignore unsubscribe requests;
- send spam, misleading content, malware, phishing or content that is unlawful, infringing or harmful;
- import purchased, rented or scraped contact lists;
- interfere with the Services, attempt to access them without authorisation, or reverse engineer the App.
To protect deliverability for all customers, we may pause sending, require domain verification or warm-up, or suspend an account that shows high bounce or complaint rates or otherwise breaches these rules.
5. Data and privacy
You remain the controller of your customers’ personal data; Uppush processes it on your behalf to provide the Services. How we handle personal data is described in our Privacy policy, which forms part of these Terms. You are responsible for having a lawful basis, and any required consent, for the messages you send.
6. Intellectual property
The App, website and their content are owned by Uppush and protected by intellectual property laws. You keep all rights to your content, logos and data. You grant us a limited licence to use them only as needed to provide the Services.
7. Availability and changes
We work to keep the Services available and reliable but do not guarantee uninterrupted operation. We may add, change or remove features over time; when a change materially reduces a paid feature, we will give reasonable notice.
8. Disclaimers and limitation of liability
The Services are provided “as is” and “as available”. To the extent permitted by law, we do not guarantee specific marketing results, delivery rates or revenue. To the extent permitted by law, our total liability for any claim relating to the Services is limited to the amounts you paid us in the three months before the event giving rise to the claim, and we are not liable for indirect or consequential losses.
9. Suspension and termination
You may stop using the Services at any time by uninstalling the App. We may suspend or terminate access if you breach these Terms or if required by law or by Shopify. After uninstalling, your data is handled as described in our Privacy policy.
10. Changes to these Terms
We may update these Terms from time to time. We will post the new version on this page and update the date above. Continued use of the Services after a change means you accept the updated Terms.
11. Contact
Questions about these Terms? Email support@uppush.io.