ReturnZap Terms and Conditions

Last Updated: October 01 2024

Introduction

By accessing and using ReturnZap, including any related features and services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legal agreement between you ("Client" or "you") and ReturnZap ("ReturnZap," "we," "our," or "us").

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree with these Terms, you must discontinue use of the Service immediately.

1. Definitions

2. Acceptance of Terms

By installing ReturnZap through the Shopify App Store and accessing the Service, you agree to be bound by these Terms and any additional terms referenced herein. When a user installs ReturnZap on their Shopify store, all users with access to that store through Shopify may also access ReturnZap and are likewise bound by these Terms.

ReturnZap may update these Terms from time to time, and continued use of the Service following any such updates constitutes acceptance of the modified Terms.

3. Grant of License and Use of Service

ReturnZap grants you a limited, non-exclusive, non-transferable right to access and use the Service solely for your internal business operations, subject to these Terms. You may not license, sublicense, sell, or transfer your rights to any third party.

You are responsible for ensuring the security of your Shopify account credentials and for all activities that occur under your Account. ReturnZap is not liable for any unauthorized access to or use of the Service.

4. Payment and Billing

All billing for the Service is handled through Shopify. Subscriptions are billed on a monthly basis, and you may cancel at any time by uninstalling the ReturnZap app from Shopify. Upon cancellation, you will retain access to the Service until the end of your billing cycle. No refunds or credits are provided for partial months.

5. Termination and Suspension of Service

ReturnZap reserves the right to suspend or terminate your access to the Service, with or without notice, if you fail to comply with these Terms, provide false information, or misuse the Service.

If terminated, your rights to access and use the Service will immediately cease, and any outstanding fees will become due and payable.

6. Data Privacy and Security

Your use of the Service is subject to ReturnZap’s Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Service, you acknowledge and agree to the terms of the Privacy Policy. ReturnZap's privacy policy can be found at:

https://returnzap.com/privacy-policy

ReturnZap may collect anonymized, aggregated data from your use of the Service for analytical purposes, system improvements, and performance optimization.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RETURNZAP OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF RETURNZAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL RETURNZAP’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE TOTAL AMOUNT YOU PAID TO RETURNZAP DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to indemnify and hold harmless ReturnZap, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising from your use of the Service or any violation of these Terms.

9. Third-Party Services

ReturnZap may integrate with or link to third-party services, including Shopify. Your access and use of these third-party services are governed by the terms and conditions of such third parties, and ReturnZap is not responsible for their actions, policies, or service availability. You agree that ReturnZap shall not be liable for any damages or losses incurred in connection with third-party services.

10. Marketing License

Subject to your guidelines, you grant ReturnZap a limited, non-exclusive, non-transferable, worldwide, royalty-free license to use your registered and unregistered trademarks, trade names, and logos in connection with marketing and promotional efforts. Unless you otherwise specify in writing, ReturnZap shall not be required to submit marketing materials for prior approval. This license does not grant ReturnZap any ownership rights to your trademarks.

11. Force Majeure

ReturnZap shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, acts of government, war, riots, pandemics, labor disputes, or internet service disruptions. In such cases, ReturnZap will make reasonable efforts to resume performance as soon as feasible.

12. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Georgia, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be resolved exclusively in the courts of Georgia.

13. General Provisions