Terms of Service

Welcome to TrustSync, a web application that provides an online reviews solution (the ‘Application‘ and ‘Reviews‘) for Shopify merchants who use the platform to operate and boost their e-commerce websites (the ‘Merchants‘ and ‘Websites‘). This Application is owned and operated by Storeware. (‘Storeware‘, ‘we‘, ‘us‘, ‘our‘).

Summary

For your convenience, we have enumerated the most important details of our Terms of Service below. Please note that these points are not a substitute for the full Terms.

• Using the Application: You may only use the Application if you are an individual with full legal capacity, who owns a Shopify account or duly authorized on behalf of a Merchant to enter into this agreement. You may use the Application for your reasonable business requirements complying with these Terms.
• Acceptance of Terms of Service: To use the Application, you must subscribe to the Application and accept these Terms of Service.
• Intellectual Property: All legal rights in the Application, including all intellectual property rights, are owned by Storeware.
• User Content: We do not claim ownership over the Content that you or your Users contribute, but you do give us a right to use it to provide you with the Application and for our marketing and promotion.
• Lawful, Non-Infringing Content: You may only upload lawful, non-infringing Content on or through the Application. You may not post or upload any objectionable Content that belongs to the type described in the Terms below.
• Authentic Reviews: You may only upload authentic reviews and Content received by Users of your product or Application. You may not use the Application to upload any fabricated, false, misleading, or any type of fraudulent Content.
• Right to Suspend Use of Application: We have the right to suspend your use of the Application if you violate any of these Terms, including uploading Content that allegedly infringes on other’s rights or is fraudulent.
• Privacy: We respect the privacy of you and your users. Our Privacy Policy explains our application’s privacy regulations and practices and is included in these Terms as a reference.
• Data Back-Up: We do not provide any data back-up services via or outside our Application.
• Law and Jurisdiction: The Use of the Application is governed by the federal laws of the United States of America and subject to the exclusive jurisdiction of the State of Delaware.

NOTICE: THESE TERMS INCLUDE ADDITIONAL PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT THAT YOU SHOULD CAREFULLY READ.

Agreement

Please carefully read the following Terms of Service (the ‘Terms‘). By installing, accessing, or using the Application, you agree to be bound by the Terms. Please note that if you do not agree to the Terms, you may not use the Application.

Who May Use the Application?

You may only download, install and use the Application if you are a legal corporation or an individual over the age of 18 with full legal capacity. You represent and warrant that you are 18 years of age or older. If you are entering these Terms on behalf of a company or another legal entity that you represent, you must be duly authorized by such entity to enter into this agreement and you or the Merchant (collectively referred to as ‘you‘ or ‘your‘) are the owners of the Website for which you are utilizing the Application.

Use

Subject to these Terms, you may download, install or use the Application, exclusively for your
reasonable business needs while strictly complying with our policies explained in these Terms and our Privacy Policy. We reserve the right to limit or disable your use of any feature of the Application, temporarily or permanently, if your use of the Application exceeds reasonable use. You will need to subscribe in order to use the Application. To subscribe to the Application, you must sign in to your Shopify account and install the TrustSync Application through the Shopify App Store.

Your use of the Shopify account and store is governed by Shopify’s respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for abiding by those other terms of service. You are solely responsible and liable for all activities performed within or via our Application or your Shopify account.

Termination and Suspension

Termination by You

You may terminate these Terms at any time by uninstalling the Application from your Shopify account.

Termination by Us

In addition to any provisions that may be available to us under applicable laws or these Terms, if we believe that you misused the Application or breached any of Our Terms, we may limit, suspend or terminate your use of the Application in our sole discretion. Additionally, we may take technical and legal measures to prevent you from using the Application.

Effects of Termination

Upon termination, you must discontinue the use of the Application. Following termination, you will not be able to access the Application or its features. Termination of these Terms will not cover our continued use of the Content you provided to us before termination for promotional purposes according to the rights you granted us in these Terms.

See our Privacy Policy – for details regarding the retention and removal of your personal information.

The following sections shall survive any termination, or expiration of the Terms: Effects of termination, Content and dealings, your privacy, Intellectual property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, General.

Content and Dealings

We do not claim ownership over the Content. By using the Application to let your audience post Reviews, you grant us a perpetual, royalty-free, free-of-charge, worldwide, non-exclusive, sub-licensable and transferrable, license to use and display such Content and Reviews (including commercial use along with copying, modifying, distributing, posting and making other derivative works) through the Application and on any other online or offline platform or media, for the sole purposes of facilitating the Application and your Website and for our promotion and marketing (the ‘Purposes‘). You further waive any claims against TrustSync or anyone on its behalf relating to any intellectual property rights, including moral and attribution rights, concerning your Content, used for the Purposes.

When you upload Content to, on or through the Application, or approve Users’ Content, you represent and warrant to us that:

• The Content you upload complies with our policy and consists of authentic reviews on review platforms from Users of your product or Application and is not false or fabricated.
• You are the rightful owner of all rights to such Content, or you are lawfully licensed by all the rightful owners to upload such Content.
• You are lawfully entitled to grant us the licenses in and to such Content, as outlined by these terms.
• You lawfully obtained the consent of all individuals depicted, shown or referred to in the Content, to include them in the Content and to use that Content for the Purposes and in the manner outlined by these terms. Concerning minors depicted, shown or referred to in the Content, you lawfully obtained the consent of their parents or legal guardians, as well as such minors’ approval.
• Creating the Content and uploading it on, to, or through the Application, does not infringe any rights of third parties, including intellectual property, privacy and publicity rights.

We reserve the right, but are not obligated to, review the Content submitted via the Application, to make sure that it complies with these Terms and with our policy. We may also
review such Content as a result of an inquiry we received alleging that the Content violates the Terms or our policy or is otherwise objectionable. If we, in our discretion, determine that
the provided Content is fraudulent or otherwise violates these Terms or our policy, we may remove it from the Application, with or without notice to you, and may discontinue, terminate or suspend the operation of the Application as it pertains to you, or any
part or aspects thereof, temporarily or permanently.

Feedback

• We encourage you to provide feedback regarding the Application. We may use all such
  feedback without restriction and shall not be subject to any non-disclosure or non-use
  obligations regarding such feedback. You can leave your feedback at https://storeware.io/support/ or share your user reviews for our Application at https://apps.shopify.com/customer-review-app  

Your Representations and Warranties

You represent and warrant that:

• You are solely responsible for all customer service, order fulfillment, Product returns, or
  payment of taxes or charges associated with any Product related to the User Content.
• You shall obtain all permissions and authorizations required by applicable law for the transfer to and use by TrustSync of your User’s private identifiable information to provide you with the functionality of the Application, including for sending applicable emails and recommendations on your behalf.

Fraud Prevention and Copyright

You may not upload any false, misleading or fabricated information about Products in relation to the Application, including false Users’ experiences concerning Products and any content about Products that does not originate from Users that have previously purchased your products (e.g. fake reviews). You may not impersonate any person or entity or make any false statement about your identity, employment, agency or affiliation with any person or entity, including, but not limited to, by using said entity’s trademarks, trade names, or copying its product designs.

Moreover, TrustSync reserves the right to immediately terminate your account without prior notice if it receives a complaint of any fraud or deception against you. TrustSync may report such complaints to the relevant authorities. TrustSync will bear no responsibility for any damage caused to you by such termination or report to the authorities, and you will indemnify and defend TrustSync for any third-party claim against TrustSync due to your possible fraudulent acts.  

Notice: If you have any reason to believe that any Content published via the Application is fraudulent or in any way infringes on your rights, please contact us at: https://storeware.io/support/ 

DMCA notice: The policy of TrustSync is not to infringe or violate the intellectual property rights or other rights of any third party, and TrustSync will remove material appearing on the Application that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the ‘DMCA‘), we will remove any User Content upon proper notification that such material infringes third-party rights and may do so at its sole discretion, without prior notice to users at any time. The policy of TrustSync is to terminate the Accounts of repeat infringers in appropriate circumstances. If you believe that something appearing on the Application infringes your copyright, you may send us a notice requesting that it be removed or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. All requests to remove content due to copyright infringement, or to object to a request for such removal, must be made following our policy. TrustSync accepts no responsibility or liability for the content of any site included in any User Content, or otherwise linked to by the Applications, or for the User’s or third party’s use of such User Content. TrustSync reserves the right to remove any User Content without prior notice to you, any other user, or any third party.

Your and Your Users’ Privacy

We respect your privacy and the privacy of your users. Our Privacy Policy explains the privacy practices and regulations of the Application.

Intellectual Property

Except for the Content, we and our licensors own all rights, titles and interests in and to the Application, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

Unless expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human-readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Application, any part thereof or any of the Content on or of the Application (except for your Content), either by yourself or by a third party on your behalf, in any way or by any means.

You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or tarnish our goodwill.

Requests to Remove Content from the Application

You and third parties may request that we remove Content from the Application (including, where applicable, from your Website). Requests to remove content due to copyright infringement must be made following our Copyright Policy. 

If you find any content uploaded through the Application to be false, fabricated, misleading, or otherwise violate these Terms of Use, please let us know. We will review every request and take action as necessary. Contact us at: https://storeware.io/support/ 

Changes in Application and Discontinuation

We may, but are not obligated to, maintain the Application with periodic updates or upgrades. We will determine the frequency and scope of such updates and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our ‘Staff‘), for any of these updates or the lack thereof.

We may, at any time, without prior notice, change the features of the Application or suspend the operation of the Application, temporarily or permanently, without any liability to you.

Support, Availability and Quality

The availability, quality and functionality of the Application depend on various factors, including software, hardware and communication networks, which are provided by third parties at their own responsibility. These factors are not fault-free. We may, from time to time, need to interrupt the Application for maintenance and other operational reasons.

NOTICE: WE DO NOT WARRANT THAT THE APPLICATION WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. YOU WILL NOT RECEIVE ANY COMPENSATION OR REFUND FOR SUCH INTERRUPTIONS.

You acknowledge that the Application DOES NOT provide any data backup Applications, including with respect to any Content or any other data that you or third parties upload, post or use.

During your Subscription period, we will, either directly or with the assistance of third parties, provide you technical support for technical questions, problems and inquiries regarding the Application, during our business days and hours, and according to the support scheme, hours and channels separately conveyed to you.

We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we may decline to provide such support for matters that we deem, in our sole discretion, to require unreasonable time, effort, costs or expenses. We make no warranties as to the specific response time or the successful or satisfactory resolution of the question, problem or inquiry.

Data security vulnerabilities are acknowledged within 24 hours. For data security vulnerability reports, please contact https://storeware.io/support/ 

Changes to the Terms

We may amend the Terms from time to time. In such case, we will notify you before the amended Terms. Your continued use of the Application after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the Application. If you do not accept the amended Terms, these Terms will be terminated (see ‘Effects of termination‘ section).

For clarity, we may also modify our policy by notifying you of the changes in advance. Your continued use of the Application after the effective date of the amended policy constitutes your consent to the policy.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our staff, at your own expense and immediately after receiving written notice thereof, from and against any damages, losses, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand arising from, or in connection with, your use of, or inability to use, the Application, your Website, any Content, your breach of the Terms, your fraudulent acts, or your breach of any other terms, rules or regulations applicable to the Application.

Publicity

You agree that TrustSync may reveal that you are using the Application, including by displaying your name and logo on TrustSync’s website and other marketing materials.

Links and Commercial Information in the Application

The Application may contain links to content published on other websites or external sources, provided by third parties. By linking to a certain Website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party Websites or content, or their availability.

Governing Law and Jurisdiction

Regardless of your place of residence or organization, or where you access or use the Application from, these Terms and your use of the Application will be exclusively governed by and construed following the laws of the United States of America, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the United States of America.

The competent courts located in the state of Delaware will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Application and its use and concerning any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in the United States of America and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and (b) for interim, emergency or injunctive relief in any other court having general jurisdiction over you.

General

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand the performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law-1969, we may assign these Terms in their entirety, including all rights, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all rights, duties, liabilities and obligations.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Contact Us

You may contact us with any questions that you may have about TrustSync anytime at: https://storeware.io/support/