Terms of Service

About These Terms

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, downloading, installing, or using Track Feedbacks (the "Service"), you agree to be bound by these Terms of Service and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Tappect LLC.

1.2 Capacity

You represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are at least 18 years old
• If acting on behalf of a business, you have authority to bind that business
• Your use of the Service complies with all applicable laws

1.3 Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email 30 days before they take effect. Continued use of the Service constitutes acceptance of modified Terms.

2. Description of Services

2.1 Track Feedbacks Platform

Track Feedbacks is a Shopify application that provides:

• Feedback Collection: Tools to gather customer feedback through surveys and forms
• Data Analytics: Insights and reporting on customer feedback data
• Shopify Integration: Seamless connection with your Shopify store
• Dashboard: Web-based interface for managing feedback campaigns
• Support Services: Customer support and technical assistance

2.2 Service Availability

We strive to provide 99.9% uptime but cannot guarantee uninterrupted service. We may temporarily suspend the Service for maintenance, updates, or technical issues. We'll provide advance notice when possible.

2.3 Service Modifications

We reserve the right to modify, update, or discontinue features of the Service. We'll provide reasonable notice for significant changes that affect your use of the Service.

3. User Accounts & Responsibilities

3.1 Account Creation

To use Track Feedbacks, you must:

• Create an account with accurate, complete information
• Have a valid Shopify store
• Install our app through the Shopify App Store
• Choose a subscription plan that meets your needs

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Using strong, unique passwords
• Enabling two-factor authentication when available

3.3 Account Information

You must provide accurate and complete information and promptly update any changes. We may suspend or terminate accounts with false or misleading information.

4. Shopify Integration & Store Requirements

4.1 Shopify Store Requirements

To use Track Feedbacks, your Shopify store must:

• Be in good standing with Shopify
• Sell legitimate products or services
• Comply with all applicable laws and regulations
• Have proper customer privacy policies in place

4.2 API Access and Permissions

By installing Track Feedbacks, you grant us permission to:

• Access customer tags and segments for survey targeting and personalization
• Read product information to personalize surveys
• Read order data to trigger post-purchase feedback requests
• Read store and location data for context-specific surveys
• Access discount and gift card APIs for survey incentive creation
• Write app data for settings and feedback storage

4.3 Customer Consent

You are responsible for:

• Obtaining proper consent from customers for feedback collection
• Providing clear opt-out mechanisms for customers
• Informing customers about data sharing with Track Feedbacks
• Complying with GDPR, CCPA, and other privacy regulations

5. Data Processing Agreement

5.1 Data Controller and Processor Roles

• You (Merchant): Act as the Data Controller for your customers' personal data
• Track Feedbacks: Acts as a Data Processor, processing data on your behalf
• Shopify: Acts as a Sub-processor for data storage and transmission

5.2 Processing Activities

We process personal data solely for:

• Sending feedback surveys to your customers
• Collecting and analyzing feedback responses
• Providing analytics and insights
• Customer support related to feedback collection

5.3 Data Subject Rights

We will assist you in responding to customer requests for:

• Access to their personal data
• Rectification of inaccurate data
• Erasure of their data ("right to be forgotten")
• Data portability
• Objection to processing

5.4 Security Measures

We implement appropriate technical and organizational measures including:

• Encryption of data in transit and at rest
• Access controls and authentication
• Regular security assessments and updates
• Staff training on data protection
• Incident response procedures

6. Prohibited Uses & Conduct

6.1 Prohibited Activities

You may not use Track Feedbacks to:

• Collect feedback for illegal products or services
• Spam customers with excessive or unwanted surveys
• Violate any applicable laws or regulations
• Infringe on third-party intellectual property rights
• Transmit harmful code, viruses, or malware
• Attempt to reverse engineer or hack our Service
• Resell or redistribute our Service without permission
• Use the Service to harass, abuse, or harm others

6.2 Content Standards

All surveys, messages, and content must:

• Be truthful and not misleading
• Comply with applicable advertising and marketing laws
• Not contain offensive, discriminatory, or harmful content
• Respect customer privacy and consent preferences
• Include proper identification and opt-out mechanisms

6.3 Fair Use Policy

To ensure quality service for all users:

• Use the Service reasonably within your plan limits
• Don't exceed rate limits or make excessive API calls
• Don't create multiple accounts to circumvent limits
• Report bugs and issues rather than exploiting them

7. Payment Terms & Billing

7.1 Subscription Plans

Track Feedbacks offers various subscription plans with different features and limits. Current pricing is available on our website and through the Shopify App Store.

7.2 Billing and Payment

• Billing Method: Through Shopify's billing system
• Billing Frequency: Monthly or annually, as selected
• Currency: USD unless otherwise specified
• Payment Due: Immediately upon billing
• Auto-Renewal: Subscriptions automatically renew unless cancelled

7.3 Free Trial

We may offer free trial periods. During the trial:

• You have full access to paid features
• No payment is required during the trial period
• You can cancel anytime before the trial ends
• Automatic billing begins after the trial expires

7.4 Refunds and Cancellations

• Cancellation: You can cancel anytime through your Shopify admin
• Effect: Cancellation takes effect at the end of the current billing period
• Refunds: Generally no refunds, but we may provide refunds at our discretion
• Data Access: You retain access to your data for 30 days after cancellation

7.5 Price Changes

We may change our pricing with 30 days notice. Price changes won't affect your current billing period but will apply to subsequent renewals.

8. Intellectual Property Rights

8.1 Our Intellectual Property

Track Feedbacks and all related intellectual property rights are owned by Tappect LLC, including:

• Software code and algorithms
• Trademarks, service marks, and logos
• Documentation and user guides
• Analytics and aggregated insights

8.2 Your Data and Content

You retain ownership of:

• Your customer data and feedback responses
• Survey questions and content you create
• Your store's branding and content
• Any custom configurations or settings

8.3 License Grant

You grant us a limited license to:

• Process your data to provide our services
• Create aggregated, anonymized analytics
• Use your feedback for service improvement
• Display your store name in case studies (with permission)

8.4 DMCA Policy

If you believe content on our platform infringes your copyright, please contact us at trackfeedbacks@gmail.com with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• Statement of good faith belief
• Statement of accuracy and authorization

9. Warranties, Disclaimers & Liability

9.1 Service Warranties

We warrant that Track Feedbacks will:

• Substantially conform to our documented functionality
• Be provided with reasonable skill and care
• Comply with applicable data protection laws
• Maintain reasonable security measures

9.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OR UNINTERRUPTED SERVICE
• ACCURACY OR COMPLETENESS OF DATA
• RESULTS FROM USE OF THE SERVICE

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability is limited to amounts paid by you in the 12 months before the claim
• We're not liable for indirect, incidental, special, or consequential damages
• We're not liable for loss of profits, data, or business opportunities
• These limitations apply even if we've been advised of the possibility of damages

9.4 Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of applicable laws
• Content you submit through the Service

10. Termination & Account Closure

10.1 Termination by You

You may terminate your account at any time by:

• Uninstalling the app from your Shopify store
• Cancelling your subscription through Shopify
• Contacting our support team

10.2 Termination by Us

We may terminate your account immediately if you:

• Violate these Terms or our policies
• Fail to pay fees when due
• Use the Service for prohibited purposes
• Pose a security risk to our platform

10.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• We'll retain your data for 90 days for potential reactivation
• You can export your data during this period
• After 90 days, your data will be permanently deleted
• These Terms survive termination where necessary

11. General Terms

11.1 Governing Law

These Terms are governed by the laws of Pennsylvania, United States, without regard to conflict of law principles.

11.2 Dispute Resolution

Any disputes will be resolved through:

1. Good faith negotiations
2. Mediation if negotiations fail
3. Binding arbitration in Pennsylvania if mediation fails

11.3 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between us and supersede all prior agreements.

11.4 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

11.5 Assignment

We may assign these Terms in connection with a business transfer. You may not assign your rights without our written consent.

11.6 Force Majeure

We're not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

12. Contact Information