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1. Acceptance of Terms

By installing UTM Insights on your Shopify store, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and UTM Insights.

2. Description of Service

UTM Insights is a Shopify application that provides:

• UTM Parameter Tracking: Comprehensive tracking of marketing campaign parameters
• Analytics and Reporting: Detailed insights into campaign performance and customer behavior
• Conversion Attribution: Attribution of sales and conversions to specific marketing campaigns
• Dashboard and Visualizations: User-friendly interface for viewing analytics data
• Data Export: Ability to export analytics data for further analysis

3. Eligibility and Account Requirements

3.1 Eligibility

To use our service, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have a valid Shopify store
• Have the authority to bind your business to these Terms
• Comply with all applicable laws and regulations

3.2 Account Security

You are responsible for:

• Maintaining the security of your Shopify account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Subscription and Billing

4.1 Subscription Plans

UTM Insights offers various subscription plans with different features and usage limits. Current pricing and plan details are available in the Shopify App Store and within our app.

4.2 Billing

• Billing Cycle: Subscriptions are billed monthly or annually as selected
• Payment Processing: All payments are processed through Shopify's billing system
• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We may change pricing with 30 days' notice

4.3 Free Trial

We may offer free trials for new users. Trial terms will be clearly communicated during signup. At the end of the trial period, you will be automatically charged unless you cancel.

5. Acceptable Use Policy

You agree not to use our service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our service or servers
• Use our service for any illegal or fraudulent activities
• Reverse engineer, decompile, or attempt to extract source code
• Resell, redistribute, or sublicense our service
• Use our service to compete with us or develop competing products

6. Data and Privacy

6.1 Data Collection and Processing

Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our service, you acknowledge and agree to our data processing practices as described in our Privacy Policy.

6.2 Data Ownership and Rights

You retain ownership of your store data and customer data. We act as a data processor and process your data solely to provide our services as described in our Privacy Policy. You have the right to:

• Access, correct, or delete your data
• Export your data in a portable format
• Restrict or object to certain processing activities
• Withdraw consent where processing is based on consent

6.3 Data Security and Protection

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and assessments
• Access controls and authentication measures
• Compliance with applicable data protection laws

While we implement robust security measures, no system is completely secure, and we cannot guarantee absolute security.

6.4 Compliance Obligations

We comply with mandatory compliance webhook requirements and will respond to data subject requests within the timeframes required by applicable law and Shopify's requirements.

7. Intellectual Property

7.1 Our Rights

UTM Insights and all related intellectual property rights are owned by us. This includes:

• Software code and algorithms
• User interface and design
• Trademarks and branding
• Documentation and content

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use our app in accordance with these Terms.

7.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

8. Service Availability and Support

8.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted service. We may perform maintenance that temporarily affects service availability.

8.2 Support

We provide support through:

• Email support during business hours
• Documentation and help resources
• In-app support features

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR OUR SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• WE ARE NOT LIABLE FOR LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• OUR SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of our service
• Your violation of these Terms
• Your violation of any third-party rights
• Your store content or business practices

11. Termination

11.1 Termination by You

You may terminate your subscription at any time by uninstalling our app from your Shopify store or cancelling through Shopify's billing system.

11.2 Termination by Us

We may terminate your access if you:

• Violate these Terms
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Abuse our service or support team

11.3 Effect of Termination

Upon termination:

• Your access to our service will cease
• We may delete your data after a reasonable period
• Outstanding fees remain due
• Provisions that should survive termination will continue to apply

12. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending email notifications
• Providing notice through our app

Continued use of our service after changes constitutes acceptance of the modified Terms.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law principles. However, data protection matters may be subject to the laws of the jurisdiction where the data subject is located.

13.2 Dispute Resolution

Any disputes will be resolved through:

1. Good faith negotiations between the parties
2. Mediation through a mutually agreed mediator if negotiations fail
3. Binding arbitration in British Columbia, Canada, as a last resort

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

14. Compliance with Shopify

14.1 Shopify Partner Requirements

As a Shopify app, we comply with all Shopify Partner Program requirements and policies, including:

• Shopify Partner Program Agreement
• App Store Review Guidelines
• API Terms of Service
• Privacy and data protection requirements

14.2 App Store Guidelines

Our app adheres to Shopify's App Store Review Guidelines and quality standards, including user experience requirements, functionality standards, and content guidelines.

14.3 Data Protection and Compliance Webhooks

We comply with Shopify's data protection requirements and implement all mandatory compliance webhooks:

• Customer Data Request: We respond to customer data access requests within 30 days
• Customer Redact: We delete customer data upon request within 30 days
• Shop Redact: We delete shop data when a shop is closed or uninstalls our app

14.4 API Usage and Limitations

We use Shopify APIs in accordance with Shopify's API Terms of Service and rate limiting guidelines. We do not exceed API call limits and implement proper error handling and retry mechanisms.

14.5 GDPR and Privacy Law Compliance

We comply with applicable privacy laws including GDPR, CCPA, and other regional data protection regulations as required by Shopify and applicable law.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

15.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.