These terms & conditions (the “Agreement”) cover the use of Excelify App and related services. You accept this Agreement by installing the Excelify App, using the Excelify App or related services, or by continuing to use Excelify App or related services after being notified about changes to this Agreement.
|ITissible||ITissible, SIA – company incorporated under the laws of Latvia, with all its employees, Subcontractors and Subprocessors.|
|Excelify||The Excelify App with its related websites and services, owned by ITissible.|
|The App||The Excelify App on the Shopify AppStore.|
|App User||The person who uses the app while it is installed on their Shopify store.|
|Partner||Any service provider or a 3rd party.|
|Shopify||E-commerce platform for online stores, available on: www.shopify.com|
|Shopify T&C||Shopify App Store Terms & Conditions|
Scope of The Agreement
The App is developed and published on the Shopify App Store according to the Shopify T&C. Installing or using the app and its related services bind the App User to the Shopify T&C. Whenever there is an ambiguity between this Agreement and the Shopify T&C, the Shopify T&C prevails.
In the context of the Shopify T&C, The App is classified as the “Third Party Service”.
Related agreements are Privacy Notice and Cookies Policy which are an integral part of the whole set of Excelify service agreements.
License to Use
App User is granted a non-exclusive, non-transferable, non-sublicensable, non-sharable, revocable, limited license to use The App solely for personal and commercial use in accordance with this Agreement and the Shopify T&C.
You agree that you will use the app within your own rights, permissions and regulations. You agree not to use the app to perform any illegal or unlawful activity. You agree to maintain the data protection, privacy and security while using the app and while working with the data.
When working with The App or any other Excelify service, you agree that you will not:
- use the app unlawfully or against the permission of the Shopify store owner where the app is installed;
- modify, alter or create any derivative works of the App, reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the App, remove, alter, or obscure any copyright, trademark or other proprietary rights, notices within the App;
- overload the system with data that you actually don’t need to import or export to Shopify;
- be rude or unprofessional when communicating with Excelify representatives;
- request any actions from Excelify that are outside of the scope of provided services;
- ask information about other App Users or stores;
- demand changes to The App or other Excelify services other than suggesting features where Excelify practices very active listening to customer priorities according to paid plan level, which is the part of the Excelify service.
Privacy and Rights To Use The Data
For the Excelify to function as designed, it needs to store and process the personal data and the Shopify store data. That includes contact information about the Shopify store, the Shopify store user data who uses The App, and the data that is being uploaded, imported or exported with The App.
By using The App the App User acknowledges that for the provision of Excelify service the personal data must be processed. This data can be processed by The App or by the employee of the Excelify team as a part of service provisioning. The App User is obligated to receive any permissions required from Data Subjects or other parties (if any) for processing of its data by using Excelify service. The App User must inform its data subjects (its representatives, employees) that the ITissible will process their personal data, by introducing respective data subjects to ITissible “Privacy Notice”.
Particular details of stored and processed data as well as the used resources are described in the Privacy Notice. For the processing of personal data on behalf of the App User, where the App User is acting as data controller in terms of the General Data Protection Regulation (the “GDPR”) and the ITissible during the provision of Excelify service (import, export of data files using the App) is acting as data processor, the Data Processing Addendum (below) applies.
Warranty and Liability Limitation
The Excelify service is provided as-is and as-available. While the Excelify team consists of professionals, it needs to be understood and accepted that there are risks of software defects, infrastructure failures, security breaches, attacks or human errors that might result in undesirable results.
You agree to assess and mitigate your own risks that might result in damage or any losses from using The App. The Excelify Support can consult you to identify and manage your risks.
In any circumstance, you release the Excelify, ITissible and its employees, Subcontractors and Partners from any liabilities or losses that were caused as a result of using any of the Excelify services (for example, but not limited to, careless data import might result in unintended changes to the Shopify store data, such as decreased prices).
There is no warranty or promise given by Excelify for a certain service level or results.
The liability of ITissible to provide the App in accordance with this Agreement shall be limited to the direct damages (excluding lost profits) in an amount limited to one monthly price of the current Plan and shall not include any indirect or consequential damages.
Any claims regarding the unexpected functionality and / or malfunctions of the App must be communicated to the Excelify Support immediately but not later than within one month after such event has taken place. The ITissible shall not undertake any liability for events which have not been timely disclosed to the Excelify Support in accordance with this section.
Please note: Section 17.5. of Shopify T&C stipulates that Shopify may disable your access to any Third Party Service (including Excelify) at any time in Shopify’s sole discretion and without notice to you. ITissible shall not be liable towards you for any actions by Shopify.
By using The App you agree to and hold the ITissible owners, directors, officers, employees, Subcontractors and Partners harmless against any legal action, claims or disputes that arise from your actions.
Also, you agree to indemnify ITissible for any legal action, investigation, charges or fees against ITissible, its owners, directors, officers, employees, Subcontractors and Partners that resulted from your actions as a breach of this Agreement.
The app is based on monthly subscription, and is priced in four tiers or Plans:
- “Free Demo” plan is free for unlimited time, but with limited data volume per file and processing capacity.
- “Basic Plan” costs 20 USD per month.
- “Big Plan” costs 50 USD per month.
- “Enterprise Plan” costs 200 USD per month.
Prices are without VAT. Invoicing is managed by Shopify which may add VAT on top of the prices, based on your billing country.
For the detailed list of each plan features and capacity, see the Pricing page.
The Excelify Customer Support and consultations are free of charge, regardless of the chosen Plan.
You can upgrade or downgrade the app plan any time. When upgrading, the Shopify billing will prorate your monthly payment according to the days that were used in each particular plan, which means that your monthly cost for the app will not exceed the maximum plan you have chosen in that particular billing month.
When switching from a paid plan to Free Demo, the change is instant as the charge gets canceled. So to maximize your paid plan period, switch to the Free Demo only at the end of your billing period.
You can ask Excelify to quote the custom price for performing specific complicated data management tasks on your behalf or implement expedited features in the App. Any developed expedited feature to the App on your behalf shall be non-exclusive and will become available to all Excelify users once developed and implemented in the App. For the avoidance of the doubt, any custom work performed on your behalf under this section shall be regulated by this Agreement unless otherwise agreed.
Any custom work is commenced only upon receiving full advanced payment in the agreed amount. If Excelify does not meet the agreed goals of the custom work, you can request refund.
Please contact Excelify Support for more information or request for a quote.
We do refunds, and we do care about the service quality you receive from us.
The App is very rich in functionality, it is a productivity tool that gives you as a store owner certain superpowers. There are many ways to accomplish certain things with the app. Also, the app is evolving very fast. It is very common that an issue can be solved by combining capabilities of The App with creative thinking and problem-solving. Even if the app doesn’t have a certain capability yet, the Support could be able to still solve your need in a manual or semi-automated/creative way.
So, before asking for the refund, we encourage you to first communicate with the Excelify Support to try to resolve any issue you have with the app.
If we will not be able to solve your issue on the level that is acceptable for you, and if the app didn’t provide you the value you were looking for, we will issue a refund.
Refund’s maximum amount is limited to one monthly price of your current Plan and is issued only once per each Shopify Store Owner (within the meaning of Shopify Terms of Service).
A refund can be rejected if the App was actually used with the paid plan, and performed the action as expected. Note that there is a Free Demo plan with no time limit which can be used to test any features of the app before subscribing to a paid plan.
Data Processing Addendum
|Personal Data||Information that can be used to identify a Data Subject whose data is being processed through The App.|
|Data||Any data files that are being imported or exported using The App. It may or may not include Personal Data. Data belongs and is controlled by the Data Controller which is the App User.|
|Data Subject Request||Request to access the data, delete, object to the processing, rectify the data, request to receive a copy of data (data portability) by the Data Subject.|
|Data Protection Legislation||European Union Regulation 2016/679 (the “General Data Protection Regulation (GDPR)”) or California Civil Code Section 1798.100-1798.199 (the “California Consumer Privacy Act of 2018 (CCPA)”), as applicable, and any legislation and/or regulation implementing or made pursuant to it, or which amends or replaces any of it.|
|Data Controller||The App User.|
|Data Processor||The ITissible|
|Data Controller, Data Processor, Data Subject, Personal Data, Processing, Supervisory Authority and other terms not defined shall be interpreted in accordance with the General Data Protection Regulation (GDPR).|
|The definitions of: Data Controller includes “Business”, Data Processor includes “Service Provider”, Data Subject includes “Consumer”, Personal Data includes “Personal Information”, in each case as defined under California Consumer Privacy Act of 2018 (CCPA).|
- Data is processed by ITissible, with its employees, Subcontractors, and Subprocessors – in the scope of providing the Excelify service, acting as Data Processor.
- All Data is treated equally, regardless of its origin, the Data Subject’s jurisdiction, or the App User jurisdiction.
- The Data on behalf of the App User is processed automatically through the App, to import, export, update and migrate Data to the Shopify platform initiated by the App User. The Data may be processed manually if the request of the App User cannot be fulfilled through the App’s automatic processing capabilities (e.g., when solving Support issues for the App User). The processed Data may include Personal Data of App User’s customers contact information, information about orders through Shopify platform and other data provided by the App User.
- When ITissible is processing the Data in the context of providing the Excelify service to the App User, it:
- is Processing the Data only for the purpose to provide the services to App User and only on documented instructions from the App User (Data Controller). The Processing of Data is always initiated by the App User request to do so. If Excelify is required by law to Process the Personal Data for any other purpose, Excelify will provide the App User with prior notice of this requirement, unless Excelify is prohibited by law from providing such notice;
- will notify you, as far as lawfully allowed, upon any inquiry or complaint from the Supervisory Authority about the processing of the Data;
- implements reasonable technical measures to execute Data Subject Requests which can be originated from App User, or from Shopify Platform – to fulfill our obligations in scope of the Partnership Agreement with Shopify.
In particular, Shopify sends customer Private Data deletion requests which Shopify receives from their Customers, and we are obliged to delete that customer private data from Excelify. Files that are imported or exported using Excelify by App User may or may not contain data about those customers. We don’t identify specific Personal Data entries inside App User Data files. Upon receiving Personal Data deletion requests from Shopify, we store those requests for the reference, but we don’t delete any App User customer data from the files due to the reasons that we don’t control the contents of those files directly – it is done by the App User who is the Data Controller. By this, we ensure the data integrity of the App User files because App Users use Excelify service also to backup their store data. The App User can request the list of the received customer data deletion requests by contacting Excelify Support.
Shopify also might send requests to provide “Complete Access” requests to the Customers Personal Data (customers of the App User). Since Excelify doesn’t identify Personal Data inside the exported or imported data files, it is technically not viable to provide such data about the customers of the App User – even if Data files have this data. The App User needs to extract that data from their Data files themselves if they need to, as they are the Data Controller of that data;
- on instructions of the App User or upon the termination of the Agreement, ITissible will initiate the process to delete all the Data of the App User which are stored on Excelify infrastructure. The Data shall be deleted within one month from the moment of request or termination of the Agreement. The Data is stored for one month in order for the ITissible to be able to exercise a defense against possible legal claims on the functionality of the App. Where the claim is raised, the necessary Data will be stored until the claim is resolved. The App User will continue to have the ability to retrieve the Data while the ITissible has not deleted the Data of the App User by contacting ITissible or re-installing the App. Termination of the Agreement happens when Excelify receives the notification from Shopify about The App uninstall event from the respective Shopify store, or the Shopify store was closed or frozen by Shopify; Before the termination of the Agreement, the App User shall take care of downloading all its Data from the App, if needed;
- implements, maintains and improves appropriate technical and organizational measures to ensure the ongoing confidentiality, integrity, availability of Personal Data and to protect that data against unauthorized access, disclosure, theft, unlawful processing, unauthorized changes, damage, or accidental loss. Those measures are applied according to the level of the potential risk they convey;
- will provide, upon request of the App User, the information on personal data protection compliance with this addendum and applicable law. Also, the App User has a right, at his expense, giving a reasonable notice in advance either himself or through an independent and reputable third-party auditor accepted by the ITissible, to perform an audit of ITissible compliance with the obligations set out in Article 28 of the GDPR and this addendum;
- assists the data controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR in relation to this Agreement. ITissible may request the App User to cover ITissible’ costs arising from to the App User’s request to assist him in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR.
- notify the App User without undue delay if becoming aware and confirming any unauthorized or unlawful Processing, disclosure, or access to the Personal Data;
- ensure that its personnel and Subcontractors who access the Personal Data have committed themselves to confidentiality or are subject to legal confidentiality obligations that restrict their ability to use or disclose the Personal Data.
- When using The App, you acknowledge that Excelify may use Subprocessors to process the Data. By concluding this Agreement, you provide ITissible general consent for the use of Subprocessors published on the “Privacy Notice” document under “Service Providers: Subprocessors and Subcontractors”. ITissible will inform you about intended changes in the list of Subprocessors used for the processing of Data with reasonable advance notice by publishing such information on the the “Privacy Notice” document under “Service Providers: Subprocessors and Subcontractors”. We will inform you about intended changes in Subprocessors and Subcontractors via the App notifications, Excelify Newsletter, Slack and Twitter. The App User has an option to raise concerns or reasonably object to intended changes. If ITissible and App User cannot come to an agreement about the intended changes on the use of Subprocessors, the App User may terminate this Agreement before the changes take place.
When Excelify decides to use specific Subprocessor to process the Data, it ensures that the Subprocessors comply with equal data protection obligations as set out in this addendum, are in compliance with the Data Protection Legislation and the relationship is governed by a contract between Excelify and that Subprocessor.
- App User acknowledges and consents that ITissible for the provision of Excelify services may transfer personal data to third countries (countries which are not member states of European Economic Area). The list of third countries where Data may be processed and applicable legal safeguards for the transfers of Data to third countries are available on the “Privacy Notice” document under “Service Providers: Subprocessors and Subcontractors”.
- App User acknowledges that for the provision of Excelify service the ITissible, upon the instruction of the App User, will receive Data from and / or provide Data to the Shopify platform.
- You may unilaterally terminate the Agreement at any time by uninstalling the App from the Shopify store.
- ITissible may unilaterally terminate this Agreement and uninstall the App from your store:
- with immediate effect if:
- you fail to comply with this Agreement or if ITissible believes your actions are not compliant with this Agreement. ITissible may also refuse to provide any future services for you.
- continued provision of the App to you would harm the reputation of ITissible (decided by ITissible at its sole discretion).
- by providing a 30-day prior written notice to you by sending an e-mail to the Shopify store owner.
- with immediate effect if:
- Once the Agreement is terminated, ITissible will not charge you any further, but you will still have to pay all the already incurred charges (for example, for the ongoing billing period) and the already paid sums will not be refunded.
Neither the ITissible nor the App User shall be liable for any delays or failures to provide service under this Agreement for the period that such delay or failure is beyond reasonable control of a respective party, including, but not limited to natural disasters, strikes, acts of war or terrorism, shortage of supply, equipment failure, interruptions or malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems beyond reasonable control.
The party which desires to rely upon the force majeure situation for the default or breach, shall immediately inform the other party by writing about the facts of the situation.
Excelify is the product of ITissible which is the limited liability company registered in Latvia with registration number 50103772541.
- Legal address: ITissible, SIA. Kaivas iela 35B, Riga, LV-1021, Latvia.
- Contact e-mail: [email protected]
Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Latvia. The governing law is the legislation of Latvia. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
ITissible owns the right to unilaterally change and update this Agreement (including the price list) occasionally, and review it at least once per year. ITissible will notify you about the intended changes with reasonable advance notice by publishing this information on the App notifications, Excelify Newsletter, Slack and Twitter, and on the Terms & Conditions page. If you do not agree with the planned changes, you may suggest your changes via Excelify Support, or terminate the Agreement by uninstalling the App from the Shopify store until the date when changes become effective.
If you continue using The App after the changes have become effective, then you shall be deemed to have accepted the changes.
ITissible may change the Agreement without prior notification in the following circumstances:
- ITissible is subject to a legal or regulatory obligation which requires it to change the Agreement in a manner which does not allow prior advance notice;
- ITissible has to exceptionally change the Agreement to address an unforeseen and imminent danger related to defending Excelify and its services, Excelify users from fraud, malware, spam, data breaches or other cybersecurity risks.
Last update: February 1st, 2021