Terms of Service

3.1Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;
• Have an active and valid Shopify store in good standing;
• Possess the legal authority to operate an e-commerce business in your jurisdiction;
• Not be a person or entity that is prohibited from receiving services under applicable laws or regulations;
• Provide accurate, current, and complete information during registration and maintain the accuracy of such information.

3.2Account Registration

To access the Service, you must create an Account by providing requested information including your name, business email address, and Shopify store credentials. You are solely responsible for:

• Maintaining the confidentiality of your Account credentials;
• All activities that occur under your Account;
• Promptly notifying the Company of any unauthorized use or security breach.

The Company reserves the right to refuse registration, suspend, or terminate any Account at its sole discretion, including where the Company determines that the User has violated these Terms or applicable law.

3.3Business Accounts

If you register on behalf of a legal entity, you represent and warrant that: (a) you are an authorized representative of that entity; (b) your acceptance of these Terms binds the entity; and (c) the entity is in compliance with all applicable laws relating to its business operations.

4.1General Responsibilities

As a User of the Service, you are solely and entirely responsible for:

• The accuracy, legality, and appropriateness of all Content published through or in connection with your Mobile App;
• Ensuring your Shopify Store complies with all applicable laws, regulations, and Shopify's own Acceptable Use Policy;
• The lawfulness of all products and services offered in your store, including without limitation compliance with consumer protection, product safety, and trade laws;
• The handling, storage, and processing of your End Users' personal data in compliance with applicable data protection laws, including but not limited to India's Digital Personal Data Protection Act, 2023 (DPDPA);
• Obtaining all necessary licenses, permits, and consents required to operate your business and publish your Mobile App;
• Ensuring your App complies with all applicable laws in the jurisdictions in which it is made available.

4.2Technical Responsibilities

• Ensuring you have a compatible and active Shopify subscription;
• Providing accurate store URLs, access credentials, and configuration details required for integration;
• Monitoring and managing your App's published content, pricing, inventory, and customer communications;
• Promptly updating your Account information when changes occur.

4.3End User Relationships

Your relationship with your End Users is your sole responsibility. You are responsible for all terms, warranties, refunds, and communications you make to your End Users. The Company is not a party to any transaction between you and your End Users.

5.1Shopify Integration

The Service is designed to integrate with Shopify's platform through its publicly available API. To use the Service, you must authorize the connection between your Shopify Store and the Platform. By granting this authorization, you permit the Company to access, read, and utilize your store data (including products, orders, customers, collections, and related metadata) solely to provide the Service.

5.2No Affiliation with Shopify

Dzine Your App is an independent third-party application and is not affiliated with, endorsed by, sponsored by, or in any way officially connected to Shopify Inc. The Company's integration with Shopify is enabled through Shopify's Partner Program and API access.

5.3Shopify Dependency & Outages

5.4Real-Time Sync Limitations

While the Platform is designed to synchronize product listings, inventory, orders, and customer data with your Shopify Store in near real-time, the Company makes no warranty as to the timeliness, completeness, or accuracy of such synchronization. Sync delays or failures may occur due to:

• Shopify API rate limits or outages;
• Network interruptions or connectivity issues;
• High-volume data operations;
• Platform maintenance or updates;
• Incorrect store configuration by the User.

The Company is not liable for any business loss, customer dispute, or reputational harm arising from sync delays or data discrepancies.

5.5Third-Party Services

The Service may integrate with or rely upon third-party services including but not limited to payment processors, analytics providers, push notification delivery networks, and cloud hosting providers. The Company does not warrant the performance, reliability, or security of any third-party service. Your use of third-party services is governed by those parties' respective terms and privacy policies.

6.1Subscription Plans

Access to the full functionality of the Service requires a paid Subscription. Available Subscription Plans, including features and pricing, are described on the Company's pricing page and are subject to change with reasonable notice.

6.2Billing & Payment

By subscribing to a paid plan, you authorize the Company to charge the applicable Subscription fees to your designated payment method on a recurring basis (monthly or annually, as selected). You represent that:

• You are authorized to use the payment method provided;
• The billing information you provide is accurate and complete;
• You will promptly update payment information if it changes.

6.3Automatic Renewal

6.4Price Changes

The Company reserves the right to modify Subscription pricing at any time. Price changes will be communicated to existing subscribers via email at least thirty (30) days prior to the effective date. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

6.5Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all applicable taxes, duties, and levies arising from your use of the Service, unless the Company is required by law to collect such taxes.

6.6Late Payments & Suspension

If payment is not received by the due date, the Company may suspend access to your Account and Mobile App until payment is received. Persistent non-payment may result in permanent termination of your Account and deletion of associated data.

7.1Free Trials

The Company may, at its discretion, offer a free trial period to new Users. Free trials are subject to the following conditions:

• Only one free trial per User or business entity is permitted;
• The Company reserves the right to limit the features available during a trial;
• Upon expiration of the trial period, access to the Service will require a paid Subscription;
• If you do not cancel before the trial ends and a payment method is on file, you may be automatically charged for the first billing cycle.

7.2Refund Policy

All Subscription fees paid are non-refundable except as expressly stated herein or required by applicable law. Specifically:

• No refunds will be issued for partial periods of use, unused features, or changes in business circumstances;
• No refund will be issued on the basis of App Store rejection, delayed approval, or performance of the published App;
• In the event of a billing error attributable to the Company, a credit or refund will be issued for the affected amount;
• Refund requests must be submitted in writing to support@dzineyourapp.com within seven (7) days of the disputed charge.

The Company's refund determinations shall be made in its sole discretion and shall be final, subject to applicable consumer protection laws.

8.1Permitted Use

You may use the Service solely for lawful commercial purposes in connection with operating your Shopify-based mobile application. Any use beyond the scope authorized by these Terms is strictly prohibited.

8.2Prohibited Conduct

You agree not to, and warrant that you will not:

• Use the Service to distribute, sell, or promote illegal products or services, including but not limited to controlled substances, counterfeit goods, illegal weapons, or prohibited content;
• Upload Content that infringes the intellectual property rights, privacy rights, or other legal rights of any third party;
• Use the Platform to engage in fraudulent activity, including false advertising, misrepresentation, or deceptive trade practices;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
• Circumvent, disable, or interfere with any security features of the Service;
• Scrape, crawl, or harvest data from the Platform using automated means without written authorization;
• Introduce viruses, malware, or malicious code into the Platform;
• Use the Service in any manner that could damage, disable, or impair the Platform's infrastructure;
• Send unsolicited commercial communications (spam) via Push Notifications or any other channel facilitated by the Service;
• Impersonate any person or entity or misrepresent your affiliation with any party;
• Violate any applicable local, national, or international law or regulation.

8.3Consequences of Violation

Any violation of this Acceptable Use Policy may result in immediate suspension or permanent termination of your Account, removal of your App from the Platform, and potential legal action. The Company reserves the right to report violations to relevant law enforcement authorities.

9.1Company Intellectual Property

The Service, including all underlying software, algorithms, code, interfaces, designs, templates, documentation, and related materials, is the exclusive intellectual property of the Company and is protected by applicable copyright, trademark, patent, and trade secret laws. You are granted only a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during the term of your Subscription.

This license does not include the right to:

• Sub-license, resell, or redistribute the Service or any component thereof;
• Create derivative works based on the Platform's proprietary components;
• Use the Company's trademarks, logos, or branding without prior written consent.

9.2User Content Ownership

You retain all intellectual property rights in your User Content. By submitting User Content to the Platform, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to use, process, reproduce, and transmit your Content solely as necessary to provide, maintain, and improve the Service.

9.3Feedback

If you submit suggestions, feedback, or ideas regarding the Service, you grant the Company an irrevocable, perpetual, royalty-free license to use, modify, and incorporate such feedback into the Service or other products without any obligation to you.

9.4Trademark Notice

"Dzine Your App" and associated logos are trademarks of the Company. All other trademarks referenced herein belong to their respective owners. Nothing in these Terms grants any right or license to use third-party trademarks.

10.1Your Data Is Yours

You own all data you bring to the Platform, including your Shopify store data, product information, customer records, branding assets, and all other User Content. The Company does not claim ownership over your data.

10.2Data Usage by the Company

The Company processes your data solely for the purpose of providing the Service, including app generation, product synchronization, push notification delivery, and technical support. The Company will not sell your data to third parties or use it for marketing purposes without your explicit consent.

10.3Customer Data Responsibility

You are solely responsible for the lawful collection, use, storage, and processing of your End Users' personal data through your Mobile App. You must:

• Maintain a clear, accessible, and legally compliant Privacy Policy within your Mobile App;
• Comply with all applicable data protection laws in every jurisdiction where your App is available;
• Obtain all necessary consents from End Users for the collection and processing of their personal data;
• Implement reasonable security measures to protect End User data.

The Company shall not be liable for any data breaches, unauthorized access, or regulatory violations arising from your management of End User data.

10.4Data Portability & Deletion

Upon termination of your Account, you may request an export of your data within thirty (30) days. After this period, the Company may delete all associated data in accordance with its data retention policies.

11.1User-Controlled Publishing

The Platform facilitates the creation and preparation of Mobile Apps for submission to the Apple App Store and Google Play Store. However, the User is solely responsible for submitting, managing, and maintaining their App on the App Stores. The Company provides support and guidance but does not submit Apps on behalf of Users unless specifically engaged to do so as a separate service.

11.2App Store Approval Disclaimer

11.3Developer Account Requirement

To publish your Mobile App, you must hold valid developer accounts with Apple (Apple Developer Program) and/or Google (Google Play Developer Console). Fees associated with these developer accounts are solely your responsibility. The Company does not provide or manage developer accounts on your behalf unless contracted separately.

11.4App Content Compliance

You are solely responsible for ensuring that all App Content — including product listings, images, descriptions, categories, and notifications — complies with:

• Apple's App Store Review Guidelines;
• Google Play's Developer Distribution Agreement and Content Policies;
• All applicable laws in the jurisdictions where the App is published or used.

Any App rejection or removal resulting from non-compliant content is entirely your responsibility, and no refunds will be issued on this basis.

12.1Authorization for Push Notifications

The Platform provides functionality to send Push Notifications to your End Users who have opted in to receive such communications through your Mobile App. By using this feature, you represent and warrant that:

• You have obtained valid, informed consent from each End User to whom notifications are sent, in compliance with applicable laws;
• All Push Notifications sent through the Platform comply with applicable anti-spam, marketing, and consumer protection laws;
• You maintain an up-to-date and accessible opt-out mechanism for End Users.

12.2Prohibited Notification Practices

You are strictly prohibited from using the Push Notification feature to:

• Send unsolicited, bulk, or spam communications;
• Transmit false, misleading, or deceptive content;
• Facilitate illegal marketing practices, including unauthorized promotions, lottery schemes, or fraudulent offers;
• Harass, threaten, or abuse End Users;
• Send notifications at unreasonable frequencies that constitute harassment;
• Violate any applicable anti-spam legislation, including India's Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

12.3Suspension for Misuse

The Company reserves the right to suspend or permanently disable Push Notification functionality for any Account found to be in violation of this Section, without prior notice and without liability. Repeated or severe violations may result in full Account termination and reporting to relevant authorities.

12.4No Guarantee of Delivery

Push Notification delivery is subject to device availability, operating system settings, network conditions, and third-party notification delivery infrastructure. The Company does not guarantee delivery, timing, or display of any Push Notification.

13.1Commercially Reasonable Efforts

The Company shall use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, availability may be affected by:

• Scheduled maintenance windows (of which the Company will endeavor to provide advance notice);
• Emergency maintenance or security patches;
• Third-party infrastructure outages (including cloud hosting providers);
• Force majeure events, including natural disasters, acts of government, civil unrest, or telecommunication failures.

13.2No Uptime Guarantee

13.3Maintenance

The Company reserves the right to perform scheduled maintenance on the Platform. Where practical, maintenance will be performed during off-peak hours, and Users will be notified via the Platform dashboard or email with reasonable advance notice.

15.1Termination by User

You may terminate your Account at any time by: (a) cancelling your Subscription through the Account settings, and (b) notifying the Company in writing at support@dzineyourapp.com. Termination will take effect at the end of the current billing cycle. No refunds will be issued for the remaining period.

15.2Termination or Suspension by Company

The Company may immediately suspend or permanently terminate your Account, without prior notice or liability, if:

• You breach any provision of these Terms;
• You violate the Acceptable Use Policy or engage in conduct that poses a legal, security, or reputational risk to the Company;
• You fail to pay Subscription fees when due;
• You use the Service to facilitate fraud, abuse, or illegal activity;
• You misuse the Push Notification feature in violation of Section 12;
• Continued provision of the Service to you would violate applicable law;
• You provide false or misleading information during registration.

15.3Effect of Termination

Upon termination of your Account:

• Your access to the Platform and all associated features will be immediately revoked;
• Your published Mobile App may continue to function until it is removed from the App Stores (which must be done by you directly);
• The Company may delete your data in accordance with its data retention policies;
• All outstanding fees will become immediately due and payable;
• Provisions of these Terms that by their nature should survive termination (including without limitation Sections 9, 16, 17, 18, 21, and 22) shall survive.

16.1Aggregate Liability Cap

16.2Exclusion of Consequential Damages

16.3No Guarantee of Business Performance

20.1User Compliance Obligation

You are solely and exclusively responsible for ensuring that your Mobile App, including all Content, features, push notifications, and business practices, complies with:

• Apple's App Store Review Guidelines (developer.apple.com/app-store/review/guidelines);
• Apple's Developer Program License Agreement;
• Google Play's Developer Program Policies (play.google.com/about/developer-content-policy);
• Google Play Developer Distribution Agreement;
• All other platform-specific policies as updated from time to time.

20.2Company's Facilitative Role

The Company's role is limited to providing technical infrastructure to build and export Mobile Apps. The Company does not review your App for App Store compliance and is not responsible for ensuring your App meets platform-specific standards. App Store submission is your responsibility.

20.3Policy Changes by Apple and Google

Apple and Google may update their policies at any time without notice. You are responsible for monitoring such changes and updating your App accordingly. The Company is not liable for your App's failure to comply with updated third-party platform policies.

20.4App Removal

If your App is rejected or removed by an App Store due to policy violations, you shall not hold the Company liable for any resulting losses, including subscription fees, lost revenue, or reputational damage.

22.1Informal Resolution

In the event of any dispute, claim, or controversy arising out of or in connection with these Terms or the Service, the parties agree to first attempt to resolve the matter informally. You must notify the Company in writing describing the nature of the dispute at: support@dzineyourapp.com. The Company will respond within fifteen (15) business days. If the dispute is not resolved within thirty (30) days of such notice, either party may proceed to formal dispute resolution.

22.2Arbitration

If informal resolution fails, any dispute that cannot be resolved by mutual agreement shall be referred to and finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (India), as amended. The arbitration shall be conducted:

• By a sole arbitrator mutually agreed upon by the parties, or if no agreement is reached, appointed in accordance with the Act;
• In the English language;
• At a venue mutually agreed upon by the parties;
• The arbitrator's award shall be final and binding on both parties.

22.3Limitation on Claims

Any claim arising out of or related to these Terms or the Service must be brought within one (1) year of the event giving rise to the claim. Claims not brought within this period are permanently barred.

22.4Class Action Waiver

24.1Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated herein, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements, representations, and understandings.

24.2Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

24.3Waiver

The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in the future.

24.4Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign these Terms in connection with a merger, acquisition, or sale of substantially all its assets without restriction.

24.5Force Majeure

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, pandemic, government orders, internet outages, or third-party infrastructure failures.

24.6Notices

Notices to the Company must be sent in writing to the contact information provided in Section 25. The Company may send notices to you via the email address associated with your Account or via in-platform notifications.

24.7Language

These Terms are drafted in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.