Llama Upsells Terms of Service

These terms are an agreement between us, Llama Commerce LLC, and you, the business that installs the Llama Upsells app. Shoppers are your customers.

Our mailing address is Llama Commerce LLC, 148 Lafayette St, 3rd Floor, New York, NY 10013, United States.

They cover the Llama Upsells app only. They do not cover our website or our client services.

You accept these terms when you install or use the app. The person who accepts them for a business confirms that they can bind that business.

Shopify's terms apply to your use of Shopify. Our Data Processing Addendum (DPA) is part of these terms.

Our Privacy Policy explains how we handle data. The Privacy Policy is a notice, not a warranty. If they conflict, these terms and the DPA control.

Llama Upsells adds cart, upsell, gift, and discount features to a Shopify store. The App Store listing describes what it does. Features can differ by plan.

All charges go through Shopify's Billing API. When you start or change a paid plan, Shopify shows a confirmation page. You approve the subscription and any usage cap there.

We do not receive your card or bank details. Shopify collects payment.

Charges are in USD. Shopify bills recurring and usage-based charges on the subscription's billing cycle.

Some plans add usage charges for orders beyond the plan's limit. These charges are capped at an amount that you approve in Shopify.

The listing and the app's plan page show the current plans, prices, and any trial terms.

Uninstalling the app ends your subscription. The app marks it as cancelled.

Charges are non-refundable, except credits or refunds that Shopify applies under its billing rules, or as required by applicable law.

You agree to:

• Set up and check your settings, campaigns, offers, discounts, prices, and validations before shoppers see them
• Follow the laws that apply to your offers and prices
• Keep your staff accounts and store information accurate and secure
• Keep your own records of your settings and content

To the extent permitted by applicable law, we are not liable for the results of your configuration.

We process shopper data on your behalf. You decide why and how.

To the extent permitted by applicable law, you alone are responsible for:

• Your storefront privacy notices
• Your cookie or consent banners, and any consents you need
• Your compliance with the laws that apply to your store and your shoppers, including privacy, consumer protection, marketing, pricing, and discount laws

Your privacy notices must cover what the app does in your store. This includes:

• The requests that storefront widgets, checkout extensions, and the post-purchase extension send to our servers
• The lookup of a shopper's customer tags and market
• The data the app writes to your store, such as UTM and referral attributes and gift messages
• Error reports and troubleshooting logs from the storefront and checkout

You may start from the paragraph below. Check that it matches how your store uses the app. It is a starting point, not legal advice.

We use Llama Upsells, a Shopify app from Llama Commerce LLC, to show cart offers, gifts, and discounts. When you browse our store or check out, the app sends requests to Llama Upsells servers. These requests can carry our store domain, your country, product, collection, and variant IDs, your cart subtotal, and discount codes. If you are logged in, they also carry your customer ID. The app uses your customer ID to look up your customer tags and market, to choose offers. The app saves the UTM and ref parameters from the page URL in your cart. It also saves any gift message you write there. The app's hosting provider may log your IP address. When an error occurs, the app may send an error report to its error-monitoring provider. The app may also keep a troubleshooting log. When your cart empties, the log records the cart contents before and after, and your browser's user agent. The Llama Upsells Privacy Policy at https://llamacommerce.io/apps/llama-upsells/privacy-policy gives more detail.

If a shopper asks you about data we hold, pass the request on to us.

We process shopper data on your behalf under the DPA. We do not sell personal information or share it for cross-context behavioral advertising. The Privacy Policy lists our service providers by category and explains what happens to data when you uninstall the app.

You agree not to:

• Break the law or Shopify's terms
• Make deceptive or misleading offers
• Harm shoppers
• Introduce malicious code
• Probe, overload, or bypass the app's security, plan limits, or billing
• Copy, reverse engineer, or resell the app, to the extent applicable law allows this limit
• Use the app to collect shopper data that it is not built to collect

We own the app, including its code, design, and documentation. You get a limited, non-exclusive, non-transferable, revocable right to use the app for your store. The right lasts while the app is installed and you have paid any fees due.

You own your store content and data. You give us the right to use your store content as needed to run the app.

We may use any feedback you give us freely.

The app depends on Shopify. It can also work with other apps that you install, such as wishlist apps. Their terms apply to your use of them.

To the extent permitted by applicable law, we are not responsible for Shopify or for other apps that you install.

As between you and Shopify:

• We alone are responsible for the app.
• Shopify is not liable for any fault in the app or any harm from its installation or use.
• Shopify cannot help with the installation or use of the app, except where Shopify expressly says so.
• We alone are responsible for any liability that may arise from your access to or use of the app. This includes the development, use, marketing, or distribution of the app, access to it, and its support. It also includes our access to, use, distribution, or storage of your store's data.

These statements do not expand our liability to you beyond these terms.

To the extent permitted by applicable law, we provide the app as is and as available. We make no warranties of any kind, express or implied. This includes warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.

To the extent permitted by applicable law, we do not promise that the app will be uninterrupted, error-free, or secure. We do not promise that its analytics are accurate. We do not promise any result, such as sales, order value, or conversion.

To the extent permitted by applicable law, we are not liable for a delay or failure caused by events beyond our reasonable control. These include Shopify outages or changes, internet failures, and service provider outages.

To the extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. We are also not liable for lost profits, revenue, goodwill, or data. This applies however the loss is caused, and even if we were advised of the possibility.

To the extent permitted by applicable law, we cap our total liability. The cap applies to all claims about the app or these terms together. It equals the greater of:

• The fees you paid for the app in the 12 months before the event that gave rise to the claim
• US$100

To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Llama Commerce LLC and its members, managers, employees, and agents. This covers claims, losses, damages, fines, penalties, costs, and reasonable legal fees that arise from:

• Your store, products, content, offers, discounts, and prices
• Your use of the app
• Your breach of these terms or of the law
• Your collection and use of shopper data, your storefront privacy notices, and your consents
• Disputes with your shoppers

We notify you of a claim that you must cover. You control the defense. You may not settle a claim in a way that admits fault for us without our consent.

You may stop using the app at any time by uninstalling it.

To the extent permitted by applicable law, we may suspend or end your access at any time, with or without notice. Reasons include breach, non-payment, or risk to shoppers, Shopify, or us. We may also stop offering the app.

The Privacy Policy explains what happens to your data after you uninstall the app.

Terms that by their nature continue after termination stay in force. These include the sections on intellectual property, disclaimers, limitation of liability, indemnity, and governing law and disputes. They also include your duty to pay fees that are due.

To the extent permitted by applicable law, we may change, suspend, or discontinue the app or any feature at any time.

We may update these terms. The Last updated date at the top of this page shows the current version.

We notify you of a material change at least 15 days before it takes effect. We send the notice by email or in the app. This notice period does not apply to a change that the law requires or that protects security.

If you keep using the app after a change takes effect, you accept the change.

New York law governs these terms and any dispute about the app. Its conflict of laws rules do not apply. The UN Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts in New York County, New York, have exclusive jurisdiction over any dispute. You and we consent to their jurisdiction and venue.

To the extent permitted by applicable law, you and we waive these rights:

• A trial by jury
• To bring or join a claim as a class, collective, or representative action

A claim must be brought within one year after it arises.

These terms and the DPA are the whole agreement between us about the app. A separate written agreement may replace them, for example for a custom plan.

If a part of these terms cannot be enforced as written, it applies as far as applicable law allows. The rest stays in force.

Not enforcing a term does not waive it. We may assign these terms together with our business.

We give you notice in the app or by email. We use your store's email address or a staff email we hold.

You give us notice by email to support@llamacommerce.io or by mail to our mailing address in Contact us below.

You confirm that you are not on a US sanctions or restricted-party list. You confirm that you are not in a country or region under a US embargo.

You will not use or export the app in breach of export control or sanctions laws.

Llama Commerce LLC runs Llama Upsells. Questions about these terms? Write to support@llamacommerce.io.

Our mailing address is Llama Commerce LLC, 148 Lafayette St, 3rd Floor, New York, NY 10013, United States.

Our Privacy Policy explains how we handle data. Our Data Processing Addendum covers shopper data we process for you.