Welcome! We provide Custom Fields by Bonify through our website, the Shopify platform, and Chrome extension, an add-on application for Shopify stores, that enables admins to add structured data fields to anything in Shopify. On our website, you (“You” or “User”) can find information about our App, news and information about our services, as well as the Shopify app store or chrome extension store to purchase and install our App (as defined below).
You must have a site that uses the Shopify platform to use the Service.
AVAILABILITY OF SITE AND APPLICATIONS
Company recognizes that the traffic of data through the Internet may cause delays during the download of information from the Site and App and accordingly, You agree that You shall not hold the Company liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Site and App will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.
You agree to pay the fees set forth on the Shopify app store from which you purchased the App. Fees are not refundable.
Use of the Services has limited file bandwidth per account. Company reserves the right to charge additional fees for additional file bandwidth, reasonably reduce, limit or throttle the number of Users, files, amount of data, access or throughput in connection with the Services in order to protect the stability and security of the SaaS Services from the activities of Customer or its Users. If you exceed more than 50GB file bandwidth in a month, we may contact you and move you to a new payment plan that reflects your usage.
USE AND CONDUCT RESTRICTIONS
Your permission to use Company’s Site and App is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that You will not under any circumstances:
Post any information, or use the Site or App to create or implement any information, that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive in the opinion of Company management and staff;
Use Company’s Site and App for any unlawful purpose or for the promotion of activities that violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement or your conduct, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
Infringe on anyone’s intellectual property rights, violate anyone’s privacy rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party;
Interfere or attempt to interfere with the proper functioning of Company’s Site and App, or hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of Company’s Site, App, or Services, or those of its partners, or its users’ computers;
Make any automated use of the system (other than Shopify’s normal operations), or take any action that We deem to impose or to potentially impose unreasonable or disproportionately large load on Our (or Our third-party providers’) servers, system and network infrastructures;
Bypass any robot exclusion headers or other measures We (or Our third-party providers) take to restrict access to Our Site, App, or Services, or use of any technology, or device to scrape, spider, or crawl Our website or harvest or manipulate data;
Publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
Do anything else which, at the sole discretion of Company, could bring Company into disrepute, or which violates the rights of any person.
User Content is any content that is created, originated, edited, modified, uploaded or shared by users (including You) in any way and in any form using the Services, whether or not shared publicly or privately, including but not limited to customized data fields and metadata created using the Site, App, and Services (“User Content”). You are solely responsible for the User Content that You post, upload, link to or otherwise make available via our App. The following rules pertain to User Content. By transmitting and submitting any User Content while using Company’s Site and App, You agree as follows:
You are solely responsible for the activity that occurs while using Company’s Site and App;
You will not post information that is malicious, false or inaccurate;
You will not share content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless You are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of Your User Content submissions are appropriate and comply with these Terms of Service, work with Shopify to remove any and/or all of Your submissions, and terminate Your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that You make available or access through Your use of the Service is solely Your responsibility. Company is not responsible for any public display or misuse of Your User Content. Company does not, and cannot, pre-screen or monitor all User Content. However, at its discretion, Company, or technology Company employs, may monitor and/or record Your interactions with the Site and App.
ACCESS TO OUR SHOPIFY APP AND CHROME EXTENSION
The following terms apply to Your use of Our App that is accessed through or downloaded from any app store or app distribution platform (like the Shopify App Store or Google Chrome Apps Store, who are referred to below as an "App Provider").
These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, You may notify the App Provider, and the App Provider will treat any refund requests for the App to You (if applicable) in accordance with its policies and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
The App Provider is not responsible for addressing any claims You have relating to the App or Your access to and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or Your possession and use of that App infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to Your license of the App, and that, upon Your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You as a third-party beneficiary thereof.
Company is not responsible for the accuracy or reliability of any online content or learning features. All information presented on or through the Site and Apps is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. The Site and App includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to You or any third-party, for the content or accuracy of materials provided by any third parties, which also may be removed at any time without notice.
LINKS TO OTHER SITES AND/OR MATERIALS
On the Site or App, Company may provide You, for your convenience, with links to third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Company’s users. Company has no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Company, and Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site or applications, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by Company. If You decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Site or relating to any applications You use or install from Our Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Company respects the intellectual property rights of others and requests that Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of Company’s Site and App who are repeat infringers. Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If You are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site, App, or Service infringe upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Company’s designated copyright agent at : Bonify, LLC, John Carbone:
The date of Your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and/or email address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If You believe that Your User Content that has been removed from the Site is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Content, You may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the federal court in New Hampshire and a statement that You will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
If a counter-notice is received by Company’s copyright agent, Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By creating and/or sharing any User Content via the App, You expressly grant, and You represent and warrant that You have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Company’s Site, App, or Services.
You acknowledge and agree that We and Our licensors retain ownership of all intellectual property rights of any kind related to Company’s Site and App, including applicable copyrights, trademarks and other proprietary rights. Other products and company names that are mentioned on Company’s Site and App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You under this Agreement.
You retain all right, title and interest in any graphics, video or logos you post using the Services.
We are very proud of our customers. For the period in which you use our Services you grant us a limited license display your logo, trademark and merchant name solely for the purpose of listing you as a customer on our website and marketing materials.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Company’s Site and App’s e-mail and messaging system will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.
CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users of Company’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
THE SERVICE AND INFORMATION ON THE SITE AND APP, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BONIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BONIFY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BONIFY, LLC ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OF THE SERVICE OR INABILITY TO USE THE SITE, APP, OR SERVICE; (C) THE SITE, APP, OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE, APP, OR SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BONIFY OR ANY OTHER USER OF THE SITE, APP, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BONIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR APP) AND IN NO EVENT WILL IT EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE MONTHS PRIOR TO THE INCIDENT ARISING FROM THE CLAIM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If You have a dispute with one or more other Users, You release us (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You hereby release Company, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, You expressly waive the provisions of California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of Your relationship with Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Last revised: 8/17/2018