1. Agreement and eligibility
These Merchant Terms of Service (“Terms”) govern installation of and access to Digitdeck’s multi-tenant Shopify application and related modules, documentation, support, and hosted services (collectively, the “Service”). The person accepting these Terms represents that they have authority to bind the Shopify merchant or other organization they identify (“Merchant,” “you”). If you do not agree, do not install or use the Service.
Shopify is not a party to these Terms. Digitdeck, not Shopify, is solely responsible for the Service, its support, and liabilities arising from Digitdeck’s access to, use, storage, or processing of Merchant Data. Except where Shopify expressly states otherwise, Shopify does not provide assistance for Digitdeck.
2. Service and modules
Digitdeck provides configurable modules that may include Back in Stock, Bundles, Referrals, Reviews, A/B Testing, AI-assisted content and experiment ideation, analytics, usage controls, and related storefront extensions. Features depend on the modules, plan, Shopify permissions, and technical prerequisites enabled for the Merchant’s store.
The Merchant controls whether a module is enabled and remains responsible for reviewing settings, discounts, incentives, messages, experiments, generated content, and theme changes before they affect shoppers. Digitdeck does not guarantee that any module will increase revenue, conversion, deliverability, traffic, ratings, or other business outcomes.
3. Shopify authorization and Merchant Data
You authorize Digitdeck to access the minimum Shopify data and permissions shown during installation or reauthorization and necessary to provide enabled features. Current categories may include store identity, products, variants, inventory, orders, customers, discounts, metaobjects, customer events, app-proxy requests, and app subscription status.
You retain ownership of Merchant Data and content submitted through the Service. You grant Digitdeck a limited, non-exclusive right to host, copy, process, transmit, and display that data only to provide, secure, support, and improve the Service as described in the Privacy Policy and Data Processing Addendum. Digitdeck does not sell Merchant Data.
4. Merchant responsibilities
You are responsible for:
- maintaining a valid Shopify account and protecting administrator access;
- obtaining legally required notices, consents, and permissions from shoppers, reviewers, subscribers, employees, and referral participants;
- ensuring products, promotions, referral rewards, discounts, claims, tests, and messages comply with applicable law and Shopify policies;
- reviewing AI output and experiment changes before use;
- configuring sender identities and lawful communication preferences;
- keeping account and billing information current; and
- promptly reporting suspected unauthorized access or security incidents.
You must not provide payment-card data, authentication secrets, government identifiers, health information, biometric data, children’s data, or other sensitive data to Digitdeck unless a feature expressly requests it and Digitdeck has agreed in writing.
5. Plans, billing, and taxes
Paid plans are monthly and billed through a Shopify-provided billing solution. Shopify presents the charge, trial, recurring amount, usage component if any, and approval terms before activation. Digitdeck does not receive or store Merchant payment-card numbers.
Plan features and limits appear before purchase. A deployment does not itself change an existing subscription. A new or replacement charge requires the Shopify approval flow where required. Taxes, exchange rates, and Shopify invoice timing may affect the amount or date charged.
The Billing, Refund, Cancellation, and Trial Policy is incorporated into these Terms.
6. Acceptable use
You must comply with the Acceptable Use Policy. Digitdeck may limit or suspend the affected feature when reasonably necessary to stop unlawful activity, fraud, spam, infringement, security threats, platform abuse, or material harm. Where practicable, Digitdeck will provide notice and an opportunity to cure.
7. Third-party services
The Service interoperates with Shopify and may rely on hosting, database, queue, email, AI, and observability providers. Those services may change or become unavailable. Digitdeck remains responsible for its subprocessors as described in the Data Processing Addendum but is not responsible for Shopify’s independent acts, merchant-installed third-party apps, or services the Merchant connects outside Digitdeck’s control.
8. Intellectual property and feedback
Digitdeck and its licensors own the Service, software, design system, documentation, trademarks, and improvements, excluding Merchant Data. Subject to payment and compliance with these Terms, Digitdeck grants you a limited, non-exclusive, non-transferable, revocable right to use the Service for your Shopify stores during the subscription term.
You may provide feedback voluntarily. Digitdeck may use feedback without restriction or payment, provided it does not disclose Merchant confidential information or personal data.
9. Confidentiality
Each party will protect the other party’s non-public business, technical, and security information using reasonable care and use it only for the relationship. Confidential information excludes information lawfully public, independently developed, already known without restriction, or rightfully received from another source. Disclosure required by law is permitted after notice where legally allowed.
10. Security and privacy
Digitdeck will maintain reasonable administrative, technical, and organizational safeguards described in the Security Policy. The Privacy Policy and Data Processing Addendum are incorporated into these Terms. No online system can be guaranteed completely secure.
11. Availability, maintenance, and changes
Digitdeck may update the Service to improve functionality, security, compliance, or compatibility. We will use reasonable efforts to avoid materially reducing paid core functionality during a current billing period. Emergency security work may occur without advance notice.
Material changes to these Terms will be posted with an updated date and, where legally required, notified in the app or by email before taking effect. Continued use after the effective date constitutes acceptance, except where affirmative consent is required.
12. Suspension and termination
Either party may terminate as permitted by the Billing Policy. Digitdeck may suspend or terminate for material breach, non-payment, unlawful use, security risk, Shopify requirement, or discontinuation of the Service. We will provide reasonable notice and a cure period when feasible, but may act immediately to contain urgent risk.
After termination, access ends and data is returned, deleted, or anonymized under the Privacy Policy, DPA, applicable law, and Shopify’s mandatory privacy processes. Clauses that by nature should survive—including payment obligations, confidentiality, intellectual property, disclaimers, liability limits, and dispute terms—survive.
13. Warranties and disclaimers
Each party warrants it has authority to enter these Terms. Digitdeck warrants it will provide the Service with reasonable skill and care. Except for that limited warranty and to the maximum extent permitted by law, the Service is provided “as is” and “as available.” Digitdeck disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
Digitdeck does not provide legal, tax, accounting, advertising, accessibility, or statistical significance advice. AI output and experiment estimates require human review.
14. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility. Digitdeck’s aggregate liability arising from the Service will not exceed the fees paid by the affected Merchant to Digitdeck through Shopify during the twelve months preceding the event giving rise to the claim.
The limitations do not apply where prohibited by law or to fraud, willful misconduct, breach of confidentiality, infringement, or a party’s indemnification obligations to the extent such exclusion is not permitted.
15. Indemnification
You will defend and indemnify Digitdeck against third-party claims arising from Merchant content, products, unlawful promotions, missing consents, misuse of the Service, or violation of these Terms. Digitdeck will defend and indemnify you against a third-party claim that the unmodified Service infringes that party’s intellectual property right, subject to prompt notice, control of defense, and reasonable cooperation. Remedies may include modification, replacement, procurement of rights, or termination with a prorated refund where appropriate.
16. Governing law and disputes
These Terms are governed by the laws of the Republic of Colombia, without regard to conflict-of-law rules. The parties will first attempt in good faith to resolve a dispute through written notice and thirty days of negotiation. Subject to mandatory consumer or data-protection rights, unresolved disputes will be submitted to the competent courts at Digitdeck’s registered domicile in Colombia.
17. General
Neither party may assign these Terms without consent, except in connection with a merger, reorganization, sale of substantially all assets, or affiliate transfer that does not reduce the other party’s rights. Neither party is liable for delay caused by events beyond reasonable control. Notices may be delivered electronically. Failure to enforce a term is not a waiver. Invalid terms will be narrowed or severed. These Terms and incorporated policies are the entire agreement for the Service and prevail over conflicting purchase-order terms.