Terms and Conditions of Use

By installing "Closer" from the Shopify App Store, you (the "Merchant") agree to be bound by the following Terms and Conditions. If you do not agree to these terms, you must uninstall the App immediately.

1. RELATIONSHIP WITH SHOPIFY

1.1 Platform Dependency: Closer is built to operate within the Shopify platform. You acknowledge that our services rely entirely on Shopify's uptime, API availability, and core functionality.

1.2 Compliance: We adhere to the Shopify Partner Program Agreement. Specifically, per Shopify Policy 1.2, all billing and subscription management for Closer is handled directly through the Shopify Billing API.

2. THE SERVICE

Closer allows Merchants to create unique URLs ("Links") that, when clicked by a visitor, automatically add a specific product to the visitor's cart and apply a discount code generated by the App.

2.1 Link Behavior

• Active Links: When a Link is active, it redirects the visitor to your store, adds the specified item to the cart, and applies the associated discount code.
• Paused/Inactive Links: If a Merchant pauses a Link, or if the App is uninstalled, the Link will continue to redirect visitors to your store's homepage (or specific landing page), but will not add products or apply discounts.

3. FEES AND PAYMENTS

3.1 Billing Method: All charges associated with Closer are processed through the Shopify Billing API. We do not collect credit card information directly.

3.2 Pricing Tiers: Closer offers a free tier and paid tiers based on the number of active links or usage.

3.3 Upgrades and Downgrades: You may upgrade or downgrade your plan at any time via the App dashboard.

• Upgrades: Effective immediately.
• Downgrades: Effective at the start of the next billing cycle.

3.4 Refunds: As billing is handled by Shopify, refund requests are subject to Shopify's billing policies. We generally do not offer refunds for partial months of service unless required by law.

4. MERCHANT RESPONSIBILITIES & LIABILITY LIMITATIONS

This section is critical regarding how the "Gift" functions in the cart.

4.1 Discount Code Management

Closer generates discount codes that are configured to be "compatible" with other discounts by default. However, because you (the Merchant) retain full control over your Shopify Admin:

• Modifications: You acknowledge that if you manually modify, delete, or alter the settings of a discount code created by Closer in your Shopify Admin, the Link may fail to apply the discount.
• Consequences: We are not responsible for errors resulting from manual changes made to discount codes outside of the Closer dashboard.

4.2 Cart Pricing & Buyer Consent (Policy 1.1.9)

The App adds items to the cart and attempts to apply a discount to reduce the cost to zero (or a set price).

• Price Discrepancies: In the event of a conflict (e.g., the discount code is invalid, expired, or conflicts with an automatic store discount), the item may be added to the visitor's cart at full price.
• Merchant Release: You acknowledge that Closer sends visitors to the Cart Page, allowing the customer to review the price before proceeding to checkout. It is the customer's responsibility to verify the total cost. We are not liable for refunds or chargebacks if a customer accidentally purchases a "gift" item at full price because the discount failed to apply.

4.3 Inventory

Closer respects your Shopify store's inventory settings.

• If an item is out of stock and your store setting is "Stop selling when out of stock," the Link will not add the item to the cart.
• If your setting is "Continue selling when out of stock," the item will be added.
• You are solely responsible for fulfilling orders and managing inventory levels.

5. DATA PRIVACY AND METRICS

5.1 Aggregate Data: We track and display metrics including Link Clicks, Orders generated, and Revenue generated. This data is derived from the specific promo codes used in orders.

5.2 End Buyer Data: We do not store Personally Identifiable Information (PII) of your customers (End Buyers) such as names, physical addresses, or email addresses on our servers.

5.3 Data Ownership: You retain ownership of your store data. We process data solely to provide the Service's analytics features.

6. CANCELLATION AND TERMINATION

6.1 Uninstalling: You may terminate this agreement at any time by uninstalling the App from your Shopify store.

6.2 Effect of Uninstall: Upon uninstallation:

• All billing will cease immediately.
• Any Links previously shared online will cease to function as "Gift Links." They will revert to simple redirects to your store URL without adding products or discounts.
• It is your responsibility to remove these links from your marketing materials if you no longer wish for traffic to be redirected.

7. INTELLECTUAL PROPERTY

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

8. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law (specifically French Consumer Code and Commercial Code where applicable to B2B transactions):

Closer is provided "as is" and "as available" without any warranties, representations, or conditions of any kind.

In no event shall Charles Murillon or Closer be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any conduct or content of any third party on the Service; (iii) any pricing errors in your Shopify Cart.

9. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of France. Any dispute arising from these Terms or the use of the App shall be subject to the exclusive jurisdiction of the courts located in the city of the Developer's registration in France.