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.

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 Privacy Policy is part of these terms.

Llama Upsells adds a slide cart drawer, upsells, gifts, and tier and shipping discounts to a Shopify store. The App Store listing describes what it does.

The app has an admin inside the Shopify admin, storefront widgets, checkout extensions, a post-purchase extension, and Shopify Functions for discounts and validations.

Features can differ by plan. The listing and the app's plan page show the current plans.

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 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

Our Privacy Policy describes this processing. If a shopper asks you about data we hold, pass the request on to us.

• We process shopper data on your behalf to provide the app. We handle that data as required by applicable law.
• We do not sell personal information. We do not share it for cross-context behavioral advertising.
• We help you respond to shopper requests about data we hold, as required by applicable law.
• We notify you of a security incident that affects your data, as required by applicable law.

We use service providers to run the app. The Privacy Policy lists them by category. It also explains what happens to data when you uninstall the app, and which records stay.

You may ask us to delete the records we keep. We handle deletion requests as required by applicable law.

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.

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 fees you paid for the app in the 12 months before the event that gave rise to the claim.

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

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.

When you uninstall, we delete or change some records, and others stay until they are deleted. The Privacy Policy explains which. You may ask us to delete the records we keep. We handle deletion requests as required by applicable law.

Terms that by their nature continue after termination stay in force. These include the sections on disclaimers, limitation of liability, and indemnity.

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 give notice of a change as required by applicable law. If you keep using the app after the new date, you accept the change.

These terms and the Privacy Policy 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.

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

Our Privacy Policy explains how we handle data.