This agreement
These terms are an agreement between BoredApp Inc. (“BoredApp”, “we”, “us”) and the business that installs or uses OrderSmith on its Shopify store (“you”). By installing or using OrderSmith, you accept them. If you accept them for a business, you confirm that you can bind it.
Our Privacy policy and Data processing addendum are part of these terms. OrderSmith is for businesses, not for personal or household use.
The service
OrderSmith lets you build order forms for configurable products from reusable components and publish them to your Shopify products. It shows them on your storefront through Shopify theme app blocks, prices each build at checkout, and keeps build sheets for your orders. It needs a Shopify store with an Online Store 2.0 theme.
We improve OrderSmith over time and may add, change or remove features. If a change takes away something you rely on, we will give you reasonable notice. Features we label as a pilot, beta or preview are offered as they are, and may change or end.
Shopify
OrderSmith runs on Shopify. Your use of Shopify is governed by your agreement with Shopify. BoredApp Inc., not Shopify, is solely responsible for OrderSmith, its support and these terms. Shopify is not a party to these terms and has no liability to you for OrderSmith.
Fees and billing
OrderSmith is free while it is offered at no charge. If we introduce paid plans, their prices will be shown on our Shopify App Store listing and in the app. Charges are billed through Shopify, on your Shopify bill, only after you approve them in your Shopify admin. You pay any taxes that apply.
We will give you at least 30 days’ notice before a free plan you use starts to cost money, or before a price you pay goes up. You can change plans in the app, or stop at any time by uninstalling. Refunds follow Shopify’s billing rules, and are otherwise at our discretion unless the law requires them.
Your content and your store
You own what you put into OrderSmith: components, order forms, pictures, prices and product information (“your content”). You give us permission to host, copy, process and display your content only as needed to provide OrderSmith to you. You confirm that you have the rights to your content.
OrderSmith calculates prices and builds from the components, rules and prices you set. Before you publish an order form, check that it, its prices and the products it changes are right. You are responsible for your store, your products, the prices you charge, your orders and your dealings with your customers. You are also responsible for following the laws that apply to them, including consumer protection, pricing and tax laws.
Personal data
We handle personal information as described in our Privacy policy. For your shoppers’ data, you are the controller and BoredApp is your processor and service provider, under the Data processing addendum. You are responsible for your own privacy notice to your shoppers, and for any consent the law requires from them.
Acceptable use
You agree not to:
- use OrderSmith for anything illegal, or in breach of Shopify’s terms or Acceptable Use Policy;
- set up order form fields that collect payment card details, government ID numbers, passwords, or health or other sensitive information;
- upload or let shoppers upload malware, or use OrderSmith’s file storage for files unrelated to orders;
- try to access other merchants’ data, or probe, overload or disrupt OrderSmith;
- copy, resell, or reverse engineer OrderSmith, except where the law allows it despite this term.
Our software
OrderSmith and its software, designs and documentation belong to BoredApp and its licensors. While OrderSmith is installed and you follow these terms, we give you a limited, non-exclusive, non-transferable right to use it for your stores. If you send us feedback or ideas, we may use them without any obligation to you.
Availability and support
We work to keep OrderSmith available and working, but it may sometimes be interrupted, for example for maintenance or by outages at Shopify or Google Cloud. We don’t promise any particular uptime. Support is by email at info@boredapp.io.
Disclaimer of warranties
To the extent the law allows, OrderSmith is provided “as is” and “as available”. BoredApp makes no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that OrderSmith will be uninterrupted or error-free.
Limitation of liability
To the extent the law allows, BoredApp is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sales, data or goodwill, even if we were told they were possible. Our total liability for all claims about OrderSmith or these terms is limited to the greater of the fees you paid us for OrderSmith in the 12 months before the claim arose, or CAD $100.
Nothing in these terms limits liability that the law does not allow to be limited.
Indemnity
You will defend and indemnify BoredApp against claims by third parties, including your customers, that arise from your products, your content, your store, or your breach of these terms or the law. This includes reasonable legal costs.
Term and termination
These terms apply from the time you install OrderSmith until you uninstall it. You can uninstall at any time. We may suspend or end your use of OrderSmith if you seriously breach these terms, or if it is needed to protect OrderSmith, other merchants or shoppers. Where reasonable, we will tell you first. If we stop offering OrderSmith, we will give you at least 30 days’ notice.
When you uninstall, order forms stop appearing on your storefront. 48 hours later we delete your OrderSmith data, as the Privacy policy describes. Your orders, including their lines and properties, stay in Shopify. Sections that by their nature should survive the end of these terms do survive. These include fees owed, warranties, liability, indemnity and governing law.
Changes to these terms
We may update these terms. We will post the new version here with a new effective date. For a significant change, we will tell you in the app or by email at least 30 days before it takes effect. If you keep using OrderSmith after that, you accept the change. If you don’t agree, uninstall OrderSmith before then.
Governing law
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You and BoredApp agree to the exclusive jurisdiction of the courts in Toronto, Ontario.
General
- These terms, the Privacy policy and the Data processing addendum are the whole agreement between you and BoredApp about OrderSmith.
- You may not transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of our business.
- If part of these terms can’t be enforced, the rest still applies. Not enforcing a term is not a waiver of it.
- Neither of us is liable for delays caused by events beyond reasonable control.
- We send notices to the email address of your store or of the staff member who installed OrderSmith. You send notices to info@boredapp.io.
- Nothing in these terms requires you to use OrderSmith exclusively.
- The parties have asked that these terms be written in English. Les parties ont exigé que ces conditions soient rédigées en anglais.
Contact
BoredApp Inc.
3060 Davidson Court Unit C2, Suite 1004
Burlington, ON L7M 4X7
Canada
info@boredapp.io
See also: Privacy policy · Data processing addendum