- TERMS AND CONDITIONS
1.1. This Agreement is between the Shopify Merchant / Shop Owner, (hereinafter referred to as the “User”) and Corestad GmbH (hereinafter referred to as the “Company”), a company incorporated under the laws of Austria, and it governs your use of the „Corestad – Cookieless Tracking” (the “Application”).
- ACCEPTANCE OF TERMS
2.1. By installing and using the Application, you agree to be bound by these Terms and Conditions (“Terms”). If you disagree with any part of these Terms, you may not access or use the Application.
2.2. Please read this Agreement carefully to ensure that you understand and accept all of the Terms. By accepting this Agreement on behalf of the User you confirm that you are fully authorised and empowered to accept this Agreement and bind the User.
- APPLICATION DESCRIPTION
3.1. The Application is a Shopify application designed to track user data via Google Analytics. It provides data analysis and insight to enhance the user experience on your Shopify platform.
- SUBSCRIPTION AND PAYMENT
4.1. Trial Period. The Application offers a free trial for a period of ten (10) days. Unless canceled, the subscription will auto-renew as a paid subscription at the end of the trial period. The Company may terminate the trial period at any time without prior notice or liability.
4.2. Paid Subscription. Upon the expiration of the trial period, the User will be automatically charged for the paid subscription as per the payment method provided by the User, unless the User cancels the subscription prior to the end of the trial period.
4.3. Renewal. Unless the User cancels the subscription, it will automatically renew every 30 days, and the User will be charged accordingly.
4.4. In order to cancel a subscription, a User must either use the cancelation setting within the App subscription or delete the App through Shopify. If you notify the Company in writing that you wish to cancel a subscription, you must do so at least 5 days prior to the end of your subscription period. Cancellation requests received after this period may not be processed until the next subscription period, and you will be charged in full for that subscription period. No refunds will be given.
- DATA PRIVACY AND SECURITY
5.2. Consent to Google Analytics. The Application uses Google Analytics to track and report website traffic. By using the Application, you agree to the use of Google Analytics and the data collection and usage practices associated therewith.
5.3. Data Security. The Company shall use reasonable endeavours to protect User data, but cannot guarantee complete security. The User should also undertake measures to secure their data.
5.4. Data Ownership. All data generated by the User remains the User’s property. The User warrants that they have the necessary rights to use and share this data with the Company and Google Analytics.
- PROHIBITED USES
6.1. Users may not use the Application to:
- Violate any laws, regulations, ordinances, or court orders.
- Infringe upon the intellectual property rights of the Company or any third party.
- Transmit harmful or malicious code or devices.
- Interfere with the operation of the Application or any user’s enjoyment of the Application.
- The Application is provided purely for the use of business users – you are not authorised to use the Application in a consumer capacity.
- INTELLECTUAL PROPERTY RIGHTS
7.1. All intellectual property rights in the Application, including but not limited to copyright and trademark rights, are owned by the Company. The User is granted a non-exclusive, revocable license to use the Application as per these Terms.
7.2. All rights, titles, and interests in and to the Application (excluding User Data) are and will remain the exclusive property of the Company and its licensors. The Application is protected by copyright, trademark, and other laws in Austria and the European Union.
7.3. Nothing in the Agreement gives the User a right to use the Company’s name or any of the Company’s trademarks, logos, domain names, and other distinctive brand features.
7.4. Users must not reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, or authorise or enable any third party to do so.
8.1. Suspension and Termination. The Company reserves the right to suspend or terminate a User’s access to the Application in the event of any violation of these Terms or any laws, or if such use adversely affects the Company’s operations.
8.2. Effect of Termination. Upon termination, all rights and obligations under these Terms will cease, except those that by their nature should survive termination. All user data may be deleted by the Company upon termination.
8.3. The Company has the right to terminate the Agreement at any time on 30 days’ notice.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
9.1. Disclaimers. To the fullest extent permitted by applicable law, the Company provides the Application “as is” and without warranties of any kind, whether express or implied. The Company does not warrant that the Application will meet the User’s requirements or that its operation will be uninterrupted or error-free.
9.2. Limitations of Liability. In no event shall the Company be liable for any indirect, consequential, special, or incidental damages, including lost profits, arising out of or in connection with (i) your access to or use of the Application, or (ii) your violation of these Terms. The Company’s total liability to the User for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the User for the Application.
- THIRD-PARTY SERVICES
10.3. Third-Party Liability. The Company is not responsible for any acts, omissions, or losses due to third-party services, including but not limited to Shopify or Google.
- CHANGES TO TERMS
11.1. The Company reserves the right to modify these Terms at any time. Users will be notified of any changes and continued use of the Application after such notification constitutes acceptance of the updated Terms. The Company will use reasonable endeavours to give Users at least 30 days’ notice of any changes
- DATA RETENTION AND DELETION
12.1. The Company will retain personal data processed on behalf of the User for as long as needed to provide the app under the Agreement. The Company will also retain and use this personal data as necessary to comply with legal obligations, resolve disputes, and enforce agreements.
12.2. Upon termination of the Agreement for any reason, or upon User’s request, the Company will, as directed by User, delete or return to the User all personal data in the Company’s possession that has been provided by the User pursuant to this Agreement.
12.3. We will comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and any other national implementing laws, regulations and secondary legislation relating to the protection of personal data.
12.5. As the User, you bear the sole responsibility for ensuring compliance with the data protection and privacy laws and regulations of your respective jurisdiction. Additionally, it is your duty to obtain necessary and lawful consent from your clients for the collection, processing, and use of their data, in accordance with these regulations.
- SECURITY MEASURES
13.1. The Company maintains reasonable and appropriate security measures to protect User Data from unauthorized access, disclosure, alteration, or destruction.
13.2. In the event of a security breach involving User Data, the Company will inform the User as soon as reasonably possible, with full details of the breach, the possible impact, and planned mitigation efforts.
- ENTIRE AGREEMENT
14.1. These Terms and any other policies or rules posted by the Company on the Application constitute the entire contract between the Company and the User and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
15.1. Neither party may assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign this Agreement without the consent of the other party to a corporate affiliate, or in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, change of control, or operation of law.
16.1. Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be resolved by arbitration administered by a neutral arbitrator located in Austria. The laws of Austria will govern such arbitration.
16.2. You agree to defend, indemnify, and hold harmless our company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, or your violation of these Terms.
16.3. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions will remain in force. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable, and legal.
- GOVERNING LAW
17.1. These Terms are governed by the laws of Austria, and any disputes arising out of these Terms shall be resolved in the appropriate courts of Vienna, Austria.
Please note that your use of the Application signifies your acceptance of these Terms and Conditions.
Last Updated: 05/07/2023