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Merchant Agreement - General Terms

After signing up with Shopify as a Shopify User-merchant, if you create an account with APPSOLVE to use some of our Services and/or by using any Vitals Services (as defined below), you are agreeing to be bound by this Merchant Agreement consisting of this General Terms and the following terms and conditions applicable to the legal relationship between Appsolve and Shopify Merchants:

As made available by Appsolve on its site vitals.co and updated from time to time, forming part of the Merchant Agreement and incorporated herein by reference.

As used in the Merchant Agreement, “we”, “us”, “our”, “Appsolve” and “Vitals” means APPSOLVE SRL, a company headquartered in Bogdan Voda 14, Bucharest 010936, Romania ([email protected]), registered with Bucharest Trade Registry under no. J40/16347/2017, having sole identification code RO38260784, and “you” or “Merchant” means the Merchant under the Shopify Terms of Service, namely the Shopify User (if registering for or using a Shopify Service as an individual), or the business employing the Shopify User (if registering for or using a Shopify Service as a business) and any of its affiliates.

You must read, agree with and accept all the terms and conditions contained or expressly referenced in this Merchant Agreement, before you use any Vitals Service.

This Agreement takes effect (the “Effective Date“) when you create an account and/or CLICK ON THE “INSTALL” BUTTON in order to use any of the Vitals Services. APPSOLVE and Merchant are sometimes referred to individually as a “Party” and collectively as the “Parties.” 

BY CLICKING ON THE “INSTALL” BUTTON WHEN YOU CREATE A MERCHANT ACCOUNT, AND/OR USING THE VITALS SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS MERCHANT AGREEMENT, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY YOU REPRESENT AND THAT IS USING VITALS SERVICES, AND TO BIND THAT ENTITY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT OR UNDERSTAND THIS AGREEMENT, YOU MAY NOT REGISTER FOR OR USE VITALS SERVICES. 

Also, by using Vitals Services on Shopify, you agree, declare and undertake that you fulfil and are bound by all Shopify terms and conditions, including Shopify’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Supplementary Terms of Service for E.U. Merchants ("EU Terms"), the Shopify API License and Terms of Use (“API Terms”) and the Shopify Data Processing Addendum (“DPA”). The terms with caps in this Merchant Agreement not defined herein will have the meaning defined in Shopify applicable terms and conditions. 

Without affecting any of the provisions of these General Terms, the Terms of Service, Privacy Policy, Cookie Policy and/or the Data Processing Agreement between Appsolve and Shopify Merchants, Parties understand the following:

1. Eligibility criteria that the Merchant must meet prior to the Merchant’s acceptance to use the Application

In order to use the Services, You need to have created an account with Shopify and an online store. You must duly represent a legal entity or act within the scope of a legally organized economic activity and be 18 years or older to use our Services.

2. VITALS Services

The products and services under this Merchant Agreement (Services) may cover any of the products and/or services made available by Vitals on Shopify, for example: 

  • Recent Sales Notifications
  • Pre-Orders
  • Backup & Multiple Facebook Pixels
  • Volume Discounts
  • Instant Search
  • Shipping Information
  • Spin-the-Wheel Gamified Pop-Up
  • Sticky Add to Cart
  • Email Collection Bar
  • Free Shipping Bar
  • Related Products
  • Countdown Timer Bar
  • Currency Converter
  • Product Bundles
  • Countdown Timer & Stock Scarcity
  • Description Tabs
  • All-in-One Chat
  • any other products and/or services made available by Vitals on Shopify

3. Warranties and Limitation of Liability special terms

Without affecting the provisions regarding Warranties and Limitation of Liability from the Terms of Service, Parties agree and understand that: i) Merchants cannot hold Shopify responsible for the Application and the responsibility related to the Application and its use is governed by the Terms of Service, ii) Shopify is not liable for any fault in the Application or any harm that may result from its installation and use, iii) except where expressly stated by Shopify, Shopify cannot provide assistance with the installation and use of the Application and iv) Appsolve’s responsibility for any liability which may arise from a Merchant’s access to or use of the Application including a) the development, use, marketing or distribution of or access to the Application or b) Appsolve’s access, use, distribution or storage of Merchant Data, shall be claimed according to and within the limits provided by the Terms of Service.

The Merchant is the sole responsible for the content of its store, the use of cookies in relation to its store, and the processing of personal data belonging to its customers including by using Vitals Services.

4. Remedies in the event of non-payment by Merchant for Vitals Services

Vitals may suspend the Service or terminate the Agreement without notice, without court intervention or any other additional diligence, in the case of non-payment.

Remedies in the event of non-payment by Merchant for Vitals Services also include the withholding of the transfer of ownership of the Development Store or Merchant Store to the Merchant will be enforced by Shopify at its sole discretion

5. Charges associated with the Merchant’s use of the Services

Details regarding billing and charges associated with the Merchant’s use of the Services may be found at:

6. Final provisions

No agency, partnership, joint venture, or employment is created as a result of this Agreement and Merchant does not have any authority of any kind to bind Appsolve in any respect whatsoever.

All notices under this Agreement will be in writing, usually by the Merchant Portal or by email to the email addresses mentioned in the Merchant Account and the Merchant Agreement. 

All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 

Appsolve may change these General Terms as well as the Terms of Service, Privacy Policy, Cookie Policy and/or the Data Processing Agreement, at any time and Merchant may access the relevant link in the Appsolve site vitals.co to the then current version. Using the Services after the changes become effective means Merchant agrees to the updated terms and conditions of the Merchant Agreement. If Merchant does not agree to the new terms, it must stop using the Services before changes come into effect.

If you have any questions about the Merchant Agreement, please email us at [email protected].

 

Updated on January 23, 2023