Terms of service

PLEASE NOTE: The Hatchful Application assists you to create and customize brand assets, such as logos or other design templates (the “Designs”). These Designs are provided “as is” and you may only use these Designs AT YOUR OWN RISK. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR LAWYER AND/OR PERFORM APPROPRIATE DUE DILIGENCE TO DETERMINE THAT THE USE OF ANY DESIGN DOES NOT OR WILL NOT INFRINGE OR VIOLATE ANY LAWS OR RIGHTS OF A THIRD PARTY AND MAY BE USED BY YOU. PLEASE SEE THE FULL TERMS FOR ALL OF OUR DISCLAIMERS.

Overview

The following terms (“Terms of Service”) describe the terms and conditions applicable to your access to and use of the Hatchful Application (the “Application”), including the services, and any associated software or products (collectively referred to as the “Service”). This document is a legally binding agreement between you as the user of the Service (referred to as “you” or “your”) and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc.

By signing up for the Service (including by downloading the Application or creating a user account) you are agreeing to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here: https://hatchful.shopify.com/terms. We reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and our Privacy Policy available at: https://hatchful.shopify.com/privacy before you may use the Service.

  1. General Conditions

    1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
    2. The Service is only available via download in the Apple App Store and the Google Play Store, and you must have either an Apple or an Android device in order to use the Service.
    3. Technical support is available via email only at mobile_tools@shopify.com.
    4. You acknowledge and agree that the Service, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Shopify.
    5. You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here [INSERT LINK] and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
    6. You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of Canada and the Province of Ontario.
    7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
    8. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Shopify or Shopify’s trademarks and/or variations and misspellings thereof.
    9. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  2. Our Rights

    1. We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your Account or your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your Account or your access to the Service.
    2. We reserve the right to refuse the Service to anyone for any reason at any time.
    3. A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.
    4. We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
    5. It is in our sole discretion to refuse or remove any content that is available via the Service.
  3. Privacy and User Data

    1. You understand that any information you provide to us in using the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Any personal information you provide to us in using the Service will be treated in accordance with the our Privacy Policy (available here: https://hatchful.shopify.com/privacy).
  4. Accuracy, Completeness and Timeliness of Information

    1. We make no warranties with respect to the Application or Services, and we are not responsible if that information is not accurate, complete, up-to-date or otherwise does not meet your personal requirements. Any use of or reliance on the material or information made available through the Service is at your own risk. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Service.
    2. Occasionally there may be information available through the Service that contains typographical errors, inaccuracies or omissions.
    3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website or application, should be taken to indicate that all information in the Service has been modified or updated.
  5. Other Businesses

    1. We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Shopify does not assume any responsibility or liability for the actions, products or content of these or any other third parties. It is your responsibility to ensure that you are familiar with and approve of the terms, policies and practices on which products, services, and links are provided by the relevant third-party provider(s).
  6. Accuracy of Billing and Account Information

    1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”).
    2. You agree to provide current, complete and accurate information in using the Services.
    3. We may attempt to notify you by contacting the e-mail address listed in your Account in order to provide you with the Service.
    4. Certain personal information, including your email address, is required for Account registration. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Shopify’s termination of your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Shopify in writing, you may only possess one Account.
  7. Feedback and Other Submissions

    1. If you submit any ideas, suggestions, comments, proposals, plans, or other content or submissions to us, whether online, by email or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation (1) to use or rely on any Comments; (2) to maintain any Comments in confidence (unless such comments contain personal information); (3) to pay compensation for any Comments; or (4) to respond to any Comments.
    2. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
  8. Prohibited Uses

    1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, its content, or any of the products or services available through the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet. We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.
  9. Designs

    1. In order to download and/or use the Designs outside of the Application, you must pay the stated fees (where applicable). You acknowledge and agree that if you purchase any Services or Designs that we offer for a Fee, you agree to pay the applicable fee and any applicable taxes.
    2. Throughout the process of developing a Design, the Service may show you different designs and/or design concepts, however you have no right or license to use or copy any of the designs, or any element thereof, other than the final Design, and only once it is paid for (if applicable). The final Design will be shown and available for download in your Account. The Service will also make use of certain symbols, colors, fonts and other design elements (collectively known as “Design Resources”) that may or may not be used to create your Design. You may not use any of these Design Resources, or any component or element thereof, individually or in an unmodified form.
    3. You acknowledge that Shopify may use symbols, icons, fonts and design elements that have been licensed from third party content providers (“Third Party Elements”), who may obtain such Third Party Elements from other third party contributors.
    4. Without limiting the generality of Section 10, the use of Third Party Elements is AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL SHOPIFY BE LIABLE IN ANY WAY FOR ANY DESIGN OR THIRD PARTY ELEMENTS, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DESIGN OR THIRD PARTY ELEMENTS OR ANY PART THEREOF. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Designs and/or Third Party Elements, including, without limitation, the existence of any third party rights that may exist in such resources. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR LAWYER AND/OR PERFORM APPROPRIATE DUE DILIGENCE TO DETERMINE THAT THE USE OF ANY DESIGN DOES NOT OR WILL NOT INFRINGE OR VIOLATE ANY LAWS OR RIGHTS OF A THIRD PARTY AND MAY BE USED BY YOU.
  10. Disclaimer of Warranties; Limitation of Liability

    1. You expressly agree that your use of, or inability to use, the Service and Designs is at your sole risk, and Shopify, its officers, directors, employees, agents and licensors disclaim all warranties, express or implied, in connection with your use of and access to the Service. The Service and Designs are provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any services, information, or other material purchased or obtained by you through the Service, including but not limited to the Designs, will meet your expectations, or that any errors in the Service will be corrected. Some jurisdictions do not allow limitations on implied warranties, so this limitation may not apply to you.
    2. In no event shall Shopify, its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Service, the Designs or any services or products procured using the Service, or for any other claim related in any way to your use of the Service or any services or products procured using the Service, including, but not limited to, any errors or omissions in any content or otherwise arising from your use of the Service, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  11. Indemnification

    1. You agree to indemnify, defend and hold harmless Shopify, its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third-party, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  12. Severability

    1. In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  13. Termination

    1. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service or by ceasing to use the Service or deleting the Hatchful Application.
    2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and accordingly may deny you access to the Service, your Account or any part thereof.
    3. The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
  14. Waiver and Entire Agreement

    1. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    2. These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  15. Product Claims Against Apple

    1. This Agreement is concluded between you and Shopify, and not with Apple, and Apple is not responsible for the Application or the Services.
    2. Apple is a third party beneficiary of this Agreement, and upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you.
    3. Shopify is responsible for providing maintenance and support with respect to the Application and the Services.
    4. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your use of the Service, including but not limited to: (a) product liability claims; (b) any claim the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

Questions about the Terms of Service should be sent to us at hatchful@shopify.com.

Last updated: December 5, 2017