1. Acceptance of Terms
By installing or using ABC Digital Downloads, you (“Merchant”) agree to these Terms of Service. These terms constitute a legal agreement between you and ABC Digital Downloads LLC (“we,” “us,” “our”). If you do not agree to these terms, you must discontinue using ABC Digital Downloads immediately. We reserve the right to modify these terms at any time. Significant changes will be communicated via email or within the Shopify app notification system. Your continued use of ABC Digital Downloads after such changes constitutes acceptance of the updated terms.
2. Service Description
ABC Digital Downloads is a tool designed to facilitate the creation and management of digital products for Shopify. While ABC Digital Downloads aims to provide a user-friendly interface, the effectiveness of these downloads in terms of customer engagement and sales performance is influenced by the merchant’s setup and overall business strategy.
3. Disclaimer of Warranties
ABC Digital Downloads is provided “as-is” and “as available,” without any guarantees or warranties, either express or implied. We do not guarantee the app’s uninterrupted availability or that it will be free from defects, bugs, or errors. Merchants are responsible for ensuring that ABC Digital Downloads functions as intended within their unique store environment, including Shopify updates and third-party app interactions.
Specifically, we do not warrant:
- That ABC Digital Downloads will meet your specific requirements or that it will operate continuously and error-free.
- That any issues with third-party integrations (including Shopify) will be addressed or resolved by ABC Digital Downloads.
- That the use of ABC Digital Downloads will result in increased sales, revenue, or customer engagement.
4. Sales Impact Disclaimer
ABC Digital Downloads facilitates the creation of digital product; however, the responsibility for configuring, testing, and deploying these digital products lies entirely with the merchant. ABC Digital Downloads is not responsible for any negative financial or operational impacts that arise from the incorrect configuration or use of digital product downloads.
It is the merchant’s responsibility to ensure that all digital product downloads created via ABC Digital Downloads are accurate and properly tested before being published on their live store. ABC Digital Downloads disclaims any responsibility for lost revenue, incorrect pricing, customer dissatisfaction, or any other financial consequences stemming from application use.
5. Limitation of Liability
To the fullest extent permitted by law, ABC Digital Downloads, its owners, employees, agents, or affiliates shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the app. This includes, without limitation, damages for loss of profits, goodwill, data, or other intangible losses resulting from:
- Errors in the configuration of digital products.
- The unavailability or inaccessibility of ABC Digital Downloads.
- Any disruptions to the Shopify platform or third-party apps that interfere with the app’s performance.
Merchants agree that the total liability of ABC Digital Downloads, for any reason, will not exceed the total amount of subscription fees paid in the six (6) months prior to the event giving rise to the liability.
6. Indemnification
By using ABC Digital Downloads, you agree to indemnify, defend, and hold harmless ABC Digital Downloads, its owners, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, or costs (including attorney fees) that arise out of:
- Your misuse of the app, including any errors in digital product configurations.
- Any disputes or claims brought by your customers concerning digital products.
- Any breach of these Terms of Service or violations of law, including but not limited to false advertising, deceptive practices, or consumer protection violations.
Merchants acknowledge that ABC Digital Downloads is not responsible for monitoring or enforcing any legal compliance related to the digital products created using the app.
7. Subscription Fees and Billing
Merchants are required to pay all applicable subscription fees in accordance with the pricing plan selected at the time of installation. These fees will be charged on a recurring basis via Shopify’s billing system. If payment is not received, access to ABC Digital Downloads may be suspended or terminated.
Changes to Pricing: We reserve the right to modify pricing plans or introduce new fees at any time. Any such changes will be communicated in advance, and continued use of ABC Digital Downloads after notification will constitute acceptance of the new pricing structure.
Free Trials: ABC Digital Downloads may offer a free trial period to allow merchants to explore the app’s features. The length of the free trial and the features included will be detailed on the Shopify App Store at the time of installation. Once the free trial period expires, merchants will automatically be enrolled in the paid subscription plan unless the app is uninstalled before the trial period ends.
During the trial period, you agree to abide by these Terms of Service as if you were a paying subscriber. You can cancel the subscription at any time before the trial ends to avoid charges.
Refunds are at our sole discretion and will only be considered in cases of app malfunction, unless otherwise required by law. Merchants are responsible for canceling their subscription to avoid future charges.
8. Termination and Suspension of Service
ABC Digital Downloads reserves the right to suspend or terminate service for any merchant who violates these Terms of Service or engages in fraudulent or unlawful activity. Upon termination, merchants must immediately cease using the app, and any active subscriptions created through ABC Digital Downloads may be disabled.
Termination for Non-Payment: If subscription fees are not paid, we reserve the right to terminate or suspend access to ABC Digital Downloads without notice. Merchants remain responsible for any outstanding fees owed up until the date of termination.
9. User Responsibilities
Merchants are responsible for ensuring that all digital products created using ABC Digital Downloads comply with applicable laws, including consumer protection, false advertising, and e-commerce regulations. Merchants must review all digital product configurations for accuracy and legality before launching them on their Shopify store.
ABC Digital Downloads provides a framework for offering digital products, but merchants assume full responsibility for the content of the digital products offered, including any financial losses or legal claims that arise from their use.
10. Intellectual Property
All intellectual property rights related to ABC Digital Downloads, including but not limited to software, code, design elements, logos, and trademarks, are the exclusive property of ABC Digital Downloads. Merchants are granted a limited, non-transferable license to use ABC Digital Downloads solely in connection with their Shopify store.
Any unauthorized reproduction, distribution, or modification of ABC Digital Downloads is strictly prohibited and may result in legal action.
11. Data Collection and Privacy
ABC Digital Downloads may collect data related to subscription usage, customer interactions, and store performance in order to provide insights and improve the service. Merchants are responsible for ensuring their store’s compliance with applicable privacy laws, including customer data collection and consent.
For more details on how we collect, store, and use your data, please refer to our Privacy Policy.
12. Third-Party Integrations
ABC Digital Downloads integrates with third-party services, including Shopify and other apps within the Shopify ecosystem. We are not responsible for the performance or availability of third-party services, nor for any issues that may arise due to changes in third-party APIs, outages, or disruptions that affect ABC Digital Downloads.
Merchants are responsible for ensuring the compatibility of their Shopify store and any third-party integrations with ABC Digital Downloads.
13. Force Majeure
ABC Digital Downloads is not liable for any delays, disruptions, or failures in performance due to circumstances beyond our control, including but not limited to natural disasters, internet outages, government regulations, or strikes. Merchants acknowledge that such events may affect the functionality of ABC Digital Downloads and agree to hold us harmless during such periods.
14. Dispute Resolution
In the event of a dispute arising from these Terms of Service or the use of ABC Digital Downloads, merchants agree to first attempt to resolve the issue through good-faith negotiations. If no resolution can be reached, disputes shall be resolved through binding arbitration in Ohio, United States, in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English, and each party shall bear its own costs and attorney’s fees unless otherwise required by law.
15. No Waiver
No failure or delay by ABC Digital Downloads in exercising any right under these Terms of Service shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of ABC Digital Downloads to be effective.