Note: this Terms & Conditions document will change to a new version, which will come in force from February 1, 2021.
|Excelify||The Excelify App with its related websites and services, owned by company SIA “ITisslble” in Latvia, with its employees, Subcontractors and Subprocessors.|
|The App||The Excelify App on the Shopify AppStore.|
|App User||The person who uses the app while it is installed on their Shopify store.|
|Partner||Any service provider or a 3rd party.|
|Shopify T&C||Shopify App Store Terms & Conditions|
Scope of The Agreement
The App is developed and published on the Shopify App Store according to the Shopify T&C. Installing or using the app and its related services bind the App User to the Shopify T&C. Whenever there is an ambiguity between this agreement and the Shopify T&C, the Shopify T&C prevails.
In the context of the Shopify T&C, The App is classified as the “Third-Party App”.
License to Use
App User is granted a non-exclusive, non-transferable, non-sharable, revocable, limited license to use The App solely for personal and commercial use in accordance with this agreement and the Shopify T&C.
You agree that you will use the app within your own rights, permissions and regulations. You agree not to use the app to perform any illegal or unlawful activity. You agree to maintain the data protection, privacy and security while using the app and while working with the data.
When working with The App or any other Excelify service, you agree that you will not:
- use the app unlawfully or against the permission of the Shopify store owner where the app is installed;
- overload the system with data that you actually don’t need to import or export to Shopify;
- be rude or unprofessional when communicating with Excelify representatives;
- request any actions from Excelify that are outside of the scope of provided services;
- ask information about other App Users or stores;
- demand changes to The App or other Excelify services beyond the point where Excelify practices very active listening to customer priorities according to paid plan level, which is the part of the Excelify service.
Privacy and Consent To Use The Data
For the Excelify to function as designed, it needs to store and process the personal data and the Shopify store data. That includes contact information about the Shopify store, the store user data that uses The App, and the data that is being uploaded, imported or exported with The App.
By using The App the App User gives consent to use that data for providing the Excelify service. This data can be used by The App or by the employee of the Excelify team as a part of service provisioning.
Particular details of stored and processed data as well as the used resources are described in the Privacy Notice.
Warranty and Liability Limitation
The Excelify service is provided as-is and as-available. While the Excelify team consists of professionals, it needs to be understood and accepted that there are risks of software defects, infrastructure failures, security breaches, attacks or human errors that might result in undesirable results.
You agree to assess and mitigate your own risks that might result in damage or any losses from using The App. The Excelify Support can consult you to identify and manage your risks.
In any circumstance, you release the Excelify, its legal company SIA “ITissible” and its employees, Subcontractors and Partners from any liabilities or losses that were caused as a result of using any of the Excelify services.
There is no warranty or promise given by Excelify for a certain service level or results.
By using The App you agree to and hold the SIA “ITissible” owners, directors, officers, employees, Subcontractors and Partners harmless against any legal action, claims or disputes that arise from your actions.
Also, you agree to indemnify SIA “ITissible” for any legal action, investigation, charges or fees against SIA “ITissible”, its owners, directors, officers, employees, Subcontractors and Partners that resulted from your actions as a breach of this agreement.
The app is based on monthly subscription, and is priced in four tiers or Plans:
- “Free Demo” plan is free for unlimited time, but with limited data volume per file and processing capacity.
- “Basic Plan” costs $20 per month.
- “Big Plan” costs $50 per month.
- “Enterprise Plan” costs $200 per month.
For the detailed list of each plan features and capacity, see the Pricing page.
The Excelify Customer Support and consultations are free of charge, regardless of the chosen Plan.
You can upgrade or downgrade the app plan any time. When upgrading, the Shopify billing will prorate your monthly payment according to the days that were used in each particular plan, which means that your monthly cost for the app will not exceed the maximum plan you have chosen in that particular billing month.
When switching paid plan to Free Demo, the change is instant as the charge gets canceled. So to maximize your paid plan period, switch to the Free Demo only at the end of your billing period.
We do refunds, and we do care about the service quality you receive from us.
The App is very rich in functionality, it is a productivity tool that gives you as a store owner certain superpowers. There are many ways to accomplish certain things with the app. Also, the app is evolving very fast. It is very common that an issue can be solved by combining capabilities of The App with creative thinking and problem-solving. Even if the app doesn’t have a certain capability yet, the Support could be able to still solve your need in a manual or semi-automated/creative way.
So, before asking for the refund, we encourage you to first communicate with the Excelify Support to try to resolve any issue you have with the app.
If we will not be able to solve your issue on the level that is acceptable for you, and if the app didn’t provide you the value you were looking for, we will gladly issue the refund.
Refunds are issued for a maximum duration of 1 month.
Data Processing Addendum
|Shall be interpreted in accordance with the General Data Protection Regulation (GDPR).|
|Service Provider||Shall be interpreted in accordance with the California Consumer Privacy Act of 2018 (CCPA).|
||Information that can be used to identify a person – App User, or any Data Subject whose data is being processed through The App.|
|Data||Any data files that are being imported or exported using The App. It may or may not include Personal Data, and belongs to the Data Controller which is the App User.|
|Data Subject Request||Request to view or delete the data of the Data Subject.|
|Data Protection Legislation||European Union Regulation 2016/679 (the “General Data Protection Regulation (GDPR)”) or California Civil Code Section 1798.100-1798.199 (the “California Consumer Privacy Act of 2018 (CCPA)”), as applicable, and any legislation and/or regulation implementing or made pursuant to it, or which amends or replaces any of it.|
|Data Controller||The App User.|
- Data is processed by SIA “ITissible”, with its employees, Subcontractors, and Subprocessors – in the scope of providing the Excelify service.
- All Data is treated equally, regardless of its origin, the Data Subject’s jurisdiction, or the App User jurisdiction.
- When Excelify is processing the Personal Data in the context of providing the Excelify service to the App User, it:
- is Processing the Data only for the purpose to provide the services to App User and only on documented instructions from the Data Controller, including with regard to transfers of Personal Data to a third country or an international organization. The Processing of Data is always initiated by the App User request to do so. If Excelify is required by law to Process the Personal Data for any other purpose, Excelify will provide the App User with prior notice of this requirement, unless Excelify is prohibited by law from providing such notice;
- will notify you, as far as lawfully allowed, upon any inquiry or complaint from the Supervisory Authority about the processing of the Personal Data;
- implements reasonable technical measures to execute Data Subject Requests which can be originated from App User, or from Shopify Platform – to fulfill our obligations in scope of the Partnership Agreement with Shopify.
In particular, Shopify sends customer Private Data deletion requests which Shopify receives from their Customers, and we are obliged to delete that customer private data from Excelify. Files that are imported or exported using Excelify by App User may or may not contain data about those customers. We don’t identify specific Personal Data entries inside App User Data files. Upon receiving Personal Data deletion requests from Shopify, we store those requests for the reference, but we don’t delete any App User customer data from the files due to the reasons that we don’t control the contents of those files directly – it is done by the App User who is the Data Controller. By this, we ensure the data integrity of the App User files because App Users use Excelify service also to backup their store data. The App User can request the list of the received customer data deletion requests by contacting Excelify Support.
Shopify also might send requests to provide “Complete Access” requests to the Customers Private Data (customers of the App User). Since Excelify doesn’t identify Private Data inside the exported or imported data files, it is technically not viable to provide such data about the customers of the App User – even if Data files have this data. The App User needs to extract that data from their Data files themselves if they need to, as they are the Data Controller of that data;
- on instructions of the Data Controller or upon the termination of the Agreement, will automatically initiate the process to purge and delete all the Data files of The App User which are stored on Excelify infrastructure. Termination of the Agreement happens when Excelify receives the notification from Shopify about The App uninstall event from the respective Shopify store;
- implements, maintains and improves appropriate technical and organizational measures to ensure the ongoing confidentiality, integrity, availability of Personal Data and to protect that data against unauthorized access, disclosure, theft, unlawful processing, unauthorized changes, damage, or accidental loss. Those measures are applied according to the level of the potential risk they convey;
- will provide, upon request of the App User, the information about the most up-to-date audits, including inspections, conducted by the App User or their authorized auditor mandated by that App User – to demonstrate compliance with the obligations set out in Art. 28 GDPR and this addendum;
- assists the data controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR and notify the App User without undue delay if becoming aware and confirming any unauthorized or unlawful Processing, disclosure, or access to the Personal Data;
- ensure that its personnel and Subcontractors who access the Personal Data have committed themselves to confidentiality or are subject to legal confidentiality obligations that restrict their ability to use or disclose the Personal Data.
- When using The App, you acknowledge that Excelify may use Subprocessors to process the Data. List of Subprocessors and Subcontractors is published on the “Privacy Notice” document. The list of Subprocessors and Subcontractors is updated in the “Privacy Notice” as soon as a new entity has been employed so that App User has an option to raise concerns about them.
When Excelify decides to use specific Subprocessor to process the Data, it ensures that the Subprocessors comply with the same data protection obligations as set out in this addendum, are in compliance with the Data Protection Legislation and the relationship is governed by a contract between Excelify and that Subprocessor.
- The Agreement is active from the moment when The App is installed on the Shopify store, until the moment when it is uninstalled from the Shopify store.
- If you fail to comply with this Agreement or if Excelify believes your actions are not compliant with this Agreement, the Excelify may terminate the Agreement, uninstall the Excelify App from your store and refuse to provide any services for you.
Excelify is the product of SIA “ITissible” which is the limited liability company registered in Latvia with registration number 50103772541.
- Legal address: Kaivas 35B, Riga, LV-1021, Latvia.
- Contact e-mail: [email protected].
The governing law is the legislation of Latvia.
Excelify owns the right to change and update this document occasionally, and review it at least once per year. If you continue using The App, then you also agree to comply with all the further versions of this document.
Last update: August 4, 2020