Terms Of Service

1. Definitions

"App Owner" means a customer who creates or manages an app or affiliate program through Shoffi.

"Team Member" means a person authorized by an App Owner to access or manage some or all portions of the App Owner's Shoffi account.

"Affiliate" means a user who joins or participates in an App Owner's affiliate program through Shoffi.

"User" means an App Owner, Team Member, Affiliate, or other individual who accesses the Service, as applicable.

"Partner API Credentials" means Partner API client access tokens, organization identifiers, app identifiers, permission-related information, and other configuration information manually provided by an App Owner to enable Shoffi to interact with the Shopify Partner API.

"Customer Data" means information, records, credentials, content, files, database information, analytics information, Shopify Partner API data, BigQuery data, referral information, merchant or shop identifiers, and other information submitted, provided, made accessible, or caused to be processed through the Service by or on behalf of an App Owner.

"Third-Party Services" means third-party platforms and services with which the Service interoperates or on which it relies, including Shopify and Google.

Different user roles have different functionality, permissions, and data access within the Service. An Affiliate does not, merely by registering as or acting as an Affiliate, provide Shoffi with an App Owner's Shopify Partner API Credentials or access to the App Owner's Shopify Partner account.

As between Shoffi and the App Owner, the App Owner retains its rights in Customer Data. The App Owner grants Shoffi the rights necessary to host, retrieve, access, copy, process, transform, transmit, display, and otherwise use Customer Data as reasonably necessary to provide, maintain, secure, troubleshoot, and support the Service and perform the App Owner's instructions.

The App Owner represents and warrants that it has all necessary rights and authority to provide Shoffi with Customer Data, credentials, third-party access, and processing instructions and that Shoffi's processing of such information in accordance with these Terms and the App Owner's instructions will not violate applicable law or the rights of any third party.

Shoffi may use aggregated or de-identified information to analyze and improve the Service where permitted by applicable law.

2. Account and Service Use

Eligibility:

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

Registration and Management:

Users can register by providing required information. We reserve the right to suspend or terminate accounts if users violate our terms or engage in illegal activities.

3. Shopify Partner Credentials and Data

Providing Shopify Partner API Credentials:

App Owners may manually provide Shoffi with Partner API Credentials created and managed through the App Owner's Shopify Partner organization. Providing Partner API Credentials to Shoffi does not constitute providing Shoffi with the App Owner's Shopify login credentials or granting Shoffi access through the App Owner's Shopify user account.

Shopify Permissions and Capabilities:

Shopify determines the permissions, resources, operations, and technical capabilities available through the Shopify Partner API. When creating or managing a Partner API client, the App Owner determines which Shopify-available permissions to grant to that client. Shoffi does not control Shopify's permission model, and Shopify may add, remove, rename, modify, restrict, or expand API resources, operations, permissions, or their capabilities from time to time.

The technical capabilities made available by a Shopify permission may be broader than the particular functionality Shoffi uses. Shoffi uses Partner API Credentials and corresponding Partner API data as reasonably necessary to provide, maintain, secure, troubleshoot, and support the Service and the features requested or enabled by the App Owner.

Your Authorization:

The App Owner represents and warrants that it is authorized to provide the Partner API Credentials to Shoffi, grant the permissions associated with them, and authorize Shoffi to retrieve and process the corresponding Partner API data, including app, installation, uninstallation, transaction, financial, and any shop identifiers contained in Partner API responses.

Credential Responsibilities:

The App Owner is responsible for creating, configuring, maintaining, rotating, and revoking its Partner API Credentials and for selecting the permissions granted through Shopify. The App Owner is responsible for ensuring that the credentials and permissions it provides are appropriate for its use of Shoffi.

The App Owner remains responsible for safeguarding its Shopify Partner account and Partner API Credentials, limiting and controlling who can access them, and maintaining appropriate permissions. The App Owner must promptly rotate or revoke credentials if it knows or suspects that they have been compromised, or if Shoffi reasonably requests rotation or revocation to address a security risk.

Shoffi is not responsible for changes made by Shopify to its APIs, permission model, Partner API clients, access tokens, or resources.

The App Owner may revoke or rotate its Partner API Credentials through Shopify. Removing credentials from Shoffi and revoking or rotating them through Shopify are separate actions.

Credential Availability and Data Synchronization:

Certain Shoffi features depend on valid third-party credentials and continued availability of third-party APIs. If Partner API Credentials are missing, invalid, expired, revoked, incorrectly configured, insufficiently permissioned, or otherwise unavailable, some features of the Service may become unavailable or may display incomplete, delayed, outdated, or inaccurate information.

For example, Shoffi may be able to record or match referral activity while being unable to retrieve transaction information necessary to calculate, synchronize, or update commissions.

Restoring valid credentials may allow Shoffi to retrieve and process historical information that remains available through the applicable third-party service, but Shoffi does not guarantee that all missing or historical information will always be available or recoverable.

Limited Use and Security:

Shoffi uses Partner API Credentials to retrieve and process Partner API data only as needed to provide, maintain, secure, troubleshoot, and support the Service, including to calculate attribution and statistics and provide features requested or enabled by the App Owner. These Terms do not grant Shoffi ownership of the App Owner's confidential information. We use reasonable administrative, technical, and organizational safeguards designed to protect Partner API Credentials and Shopify Partner/API data processed through the Service, but no system or method of transmission is completely secure.

Security Incidents:

Shoffi may investigate suspected security incidents and may notify users or require credential rotation where required by law or contractual obligations, or where Shoffi reasonably determines that doing so is appropriate to mitigate security risk.

Relationship with Shopify:

Shoffi is operated independently by Avit Tech, LLC. Shopify does not operate Shoffi. When an App Owner provides Partner API Credentials to Shoffi, the App Owner authorizes Shoffi to interact with Shopify APIs as reasonably necessary to provide the Service. The App Owner's use of Shopify and Shoffi's access to Shopify APIs remain subject to Shopify's applicable API terms, policies, and the App Owner's agreements with Shopify.

4. Customer-Configured Data Integrations

Google BigQuery:

App Owners may optionally configure Shoffi to retrieve or process information through Google BigQuery or other customer-controlled data sources. Where such an integration is enabled, the App Owner grants Shoffi's designated service account or other integration identity access to the Google Cloud resources selected by the App Owner.

The App Owner controls which projects, datasets, tables, views, or other resources it makes available to Shoffi, subject to Google's access-control system. Google defines the capabilities associated with its IAM roles and services, and those capabilities may change from time to time.

The App Owner represents and warrants that it has all rights, permissions, notices, consents, and other lawful authority required to make such data available to Shoffi and instruct Shoffi to process it.

The App Owner is responsible for limiting Shoffi's access to data reasonably appropriate for the Service and should not make unrelated, unnecessary, sensitive, or legally restricted information available to Shoffi.

5. App Owners

Subscription Fees:

Avit Tech, LLC charges a monthly subscription fee. We reserve the right to modify these fees and will notify App Owners through platform notifications or emails.

Subscription Billing:

Billing for certain services is on a subscription basis ("Subscriptions"). Subscriptions are billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles depend on the type of subscription plan selected.

Team Members and Authorized Users:

An App Owner may authorize Team Members to access portions of its account and may assign different permissions to those Team Members.

The App Owner is responsible for determining who is authorized to access its account, assigning appropriate permissions, maintaining the accuracy of those permissions, and removing access when it is no longer appropriate.

Shoffi may rely on instructions and actions submitted through an App Owner account or by a Team Member acting within the permissions assigned to that account.

To the maximum extent permitted by applicable law, the App Owner is responsible for the use of the Service by its Team Members and other persons it authorizes to access its account.

6. Purchases

If you wish to purchase a subscription or other paid feature made available through the Service ("Purchase"), you may be asked to provide billing information such as your name, email address, billing address, and payment-method details.

Payment processing is handled by a third-party payment processor. Shoffi does not receive or store full payment-card numbers. The payment processor may collect payment-card details and related billing information directly from you. Shoffi may receive limited billing information from the processor, such as payment status, last four digits of a card, billing contact details, and subscription or invoice records.

You represent and warrant that you have the legal right to use any payment method in connection with any Purchase and that the information you supply is true, correct, and complete.

By submitting billing or payment information, you authorize us and our payment processor to process payments in connection with your Purchase, subject to our Privacy Policy.

7. Financial Terms

Balance Withdrawal:

Affiliates must meet the minimum balance to request a withdrawal. If App Owners fail to pay within 60 days of a request, their account may be suspended.

Fee Changes:

Avit Tech, LLC, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Referral, Transaction and Commission Information:

Shoffi processes information received from App Owners and Third-Party Services to assist with referral attribution, transaction tracking, commission calculations, reporting, and affiliate-program administration.

Referral, transaction, revenue, commission, balance, and other financial information displayed through Shoffi may be delayed, corrected, reversed, recalculated, or otherwise changed due to refunds, chargebacks, cancellations, synchronization delays, incomplete data, attribution changes, third-party data changes, configuration changes, errors, or other circumstances.

App Owners remain responsible for reviewing and verifying amounts before making affiliate payments.

Shoffi is not an accounting, tax, legal, financial-reporting, or payment-guarantee service.

8. Refunds

Subscription Fees:

Paid subscription fees are generally non-refundable, except as required by law.

9. Paying Affiliates

App Owners are solely responsible for determining and paying amounts owed to their Affiliates in accordance with their applicable affiliate-program terms. Payments may be made through payment methods supported or recorded by the Service from time to time or outside the Service.

Unless Shoffi expressly states otherwise for a particular payment feature, Shoffi is not the party responsible for the App Owner's underlying payment obligation to an Affiliate.

10. Content

User-Generated Content:

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the service, including its legality, reliability, and appropriateness.

11. Prohibited Uses of the Service

Restrictions:

You may not use the service in any manner that could disable, overburden, damage, or impair the service or interfere with any other party's use of the service. This includes using the service in a way that could interfere with the normal operation of the service, compromise security, or allow unauthorized access to user data.

12. Intellectual Property Rights

Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Avit Tech, LLC and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Avit Tech, LLC.

13. Communications

Shoffi may send users transactional, administrative, security, billing, account, and other service-related communications that are necessary or appropriate in connection with the Service.

Marketing or promotional communications may be sent where permitted by applicable law. Users may opt out of marketing communications through the unsubscribe mechanism provided, but opting out will not prevent Shoffi from sending necessary service-related communications.

14. Disclosure of Your Information

We respect your privacy and are committed to protecting your personal data. For detailed information on how we collect, use, and disclose your data, please refer to our Privacy Policy.

We do not sell or share your personal information with third parties for their direct marketing purposes without your explicit consent.

We may disclose your personal information when legally required or in response to valid requests by public authorities, such as to meet national security or law enforcement requirements. This may include complying with a subpoena, bankruptcy proceedings, or similar legal process where we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

15. Analytics

Third-Party Service Providers:

We use Third-Party Services like Google Analytics to monitor and analyze the use of our Service. Google Analytics collects data to track and report website traffic, which helps us improve our service.

16. Third-Party Services and Dependencies

The Service interoperates with or relies upon Third-Party Services, including Shopify and Google. Shoffi does not control those Third-Party Services and is not responsible for their availability, security, functionality, data accuracy, APIs, permission systems, policies, terms, changes, errors, suspensions, interruptions, or discontinuation.

Third-Party Services may modify or discontinue APIs, permissions, data fields, authentication methods, rate limits, or other functionality at any time. Such changes may affect Shoffi functionality.

Shoffi does not warrant that data received from a Third-Party Service will always be complete, accurate, current, available, or error-free.

17. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Avit Tech, LLC.

Avit Tech, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Avit Tech, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

18. Error Reporting and Feedback

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Avit Tech, LLC may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Avit Tech, LLC is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Avit Tech, LLC and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

19. Affiliate Relationship and Payment Disputes

The commercial and contractual relationship relating to affiliate participation, commissions, promotion, and payment is between the applicable App Owner and Affiliate.

Shoffi is not a party to that relationship and is not an employer, employee, agent, partner, joint venturer, fiduciary, or representative of either party.

Shoffi does not guarantee Affiliate earnings, commissions, conversion rates, payment by an App Owner, or continued participation in any affiliate program.

App Owners are responsible for establishing their affiliate-program terms, commission rules, eligibility rules, payment requirements, tax requirements, and other program conditions.

Affiliates are responsible for reviewing and complying with the terms established by each App Owner whose program they join.

20. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Indemnification

You agree to defend, indemnify, and hold harmless Avit Tech, LLC and its officers, directors, employees, contractors, and agents from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising out of or relating to: (i) your misuse of the Service; (ii) your violation of applicable law, these Terms, or Shopify's terms, rules, or policies; (iii) Content or data you submit, provide, or make available through the Service, including any unlawful content or data; (iv) allegations that your Content, data, or activities infringe or misappropriate a third party's rights; (v) the conduct of your Affiliates, employees, contractors, Team Members, or other authorized users; or (vi) Customer Data, App Owner-provided credentials, App Owner-configured third-party integrations, permissions granted by the App Owner, or processing instructions provided by or on behalf of the App Owner. Avit Tech, LLC may control the defense of any covered claim, and you may not settle a claim in a manner that imposes liability or obligations on Avit Tech, LLC without its prior written consent.

22. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of law principles. Subject to any mandatory rights available under applicable law, any dispute, claim, or proceeding arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction and venue of those courts.

23. Disclaimer and Limitation of Liability

Disclaimer of Warranties:

The services provided by Shoffi are available "as is" and "as available". Avit Tech, LLC does not warrant that the service will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the information or other materials available through our service. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to our services or any information or goods that are available or advertised or sold through our services.

Limitation of Liability:

To the maximum extent permitted by applicable law, Avit Tech, LLC and its affiliates, officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business opportunity, goodwill, or data, arising out of or relating to the Service or these Terms, regardless of the theory of liability and even if advised of the possibility of those damages.

Liability Cap:

To the maximum extent permitted by applicable law, the aggregate liability of Avit Tech, LLC and its affiliates, officers, directors, employees, contractors, and agents for all claims arising out of or relating to the Service or these Terms will not exceed the total fees you paid to Shoffi for the Service during the 12 months immediately preceding the event giving rise to the claim.

Exclusions:

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the exclusions and limitations above apply only to the maximum extent permitted by applicable law and do not limit liability that cannot lawfully be excluded.

24. Modifications to Terms

We may modify these Terms from time to time. We will post the revised Terms and identify their effective date. We may communicate material changes by email, in-app notice, or another reasonable method, and will provide advance notice where required by applicable law. Unless otherwise stated, changes become effective on the date identified in the revised Terms. Your continued use of the Service after that effective date constitutes acceptance of the revised Terms.

25. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

26. Contact Us

For any questions or feedback related to these Terms, please contact us at [email protected].

By using our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.