Terms of Service

By using primemoq.app or installing Prime MOQ & Order Limits, you agree to these terms. If you are agreeing on behalf of a company, you confirm you have the authority to bind it, and "you" means that company.

We may change these terms. For a change that materially affects your rights or obligations we will give at least 30 days notice before it takes effect, by email to the address on your store or by a notice inside the app. Continuing to use the app after the notice period is acceptance. If you would rather not accept, uninstall before the change takes effect and nothing further is owed either way.

• App means Prime MOQ & Order Limits, including its admin interface, its backend, its theme extension and its checkout function.
• Site means primemoq.app and everything served from it.
• Merchant means the operator of the Shopify store the app is installed on.
• Customer means a shopper buying from the Merchant's store.
• Rule means an order limit you configure: a minimum or maximum quantity, a pack multiple, an order value floor or ceiling, a weight limit or a repurchase limit, with the scope and schedule you give it.
• Free plan means the plan described in section 9.

You must be at least 18 years old to use the app, or at least 16 in the European Union with the consent of a parent or guardian. You must operate a Shopify store in good standing and comply with Shopify's own terms. If Shopify terminates your store, your right to use the app ends with it.

The site is provided for information. Everything on it about what the app does describes the app as it exists at the time of writing. Pricing pages describe plans that are announced rather than live, and are marked as such.

Comparison pages describe competing apps as they appeared on a stated verification date. They are our reading of publicly available information, not a statement about any other company's current offering, and we correct them when we are told they are out of date.

Joining the waitlist creates no contract and no obligation on either side. It means we will email you once, when the App Store listing goes live.

You agree not to:

• Use the app to break the law, or to enforce a rule that discriminates on a ground protected by the law that applies to your store.
• Reverse engineer, decompile or attempt to extract the source of the app, except to the extent that restriction is unenforceable where you are.
• Probe, scan or test the vulnerability of our systems, or defeat any authentication or rate limiting, without our written permission. Reports of genuine vulnerabilities are welcome at support@primemoq.app and we will not pursue anyone who reports one in good faith.
• Use the app to send unsolicited messages, or to store data you have no lawful basis to hold.
• Resell, sublicense or provide the app as a service to a third party without our written agreement.
• Place a load on our systems that is out of proportion to normal use of a Shopify store, or automate the admin interface to do so.

We may suspend access immediately, without the cure period in section 12, where continued access would put our systems, another merchant or a shopper at risk.

The app, the site and everything in them, including code, design, text and the Prime MOQ name and marks, remain ours or our licensors'. These terms grant you a limited, non-exclusive, non-transferable, revocable right to use the app for your own store while these terms are in force. Nothing more is granted, by implication or otherwise.

Your data stays yours. Your rules, your product catalogue and your customer data are your property, and we claim no licence to them beyond what is needed to run the app for you, as set out in the DPA.

If you send us feedback or a feature request, we may act on it without owing you anything. That is not a claim on anything else you own.

The app is distributed through the Shopify App Store and its use is also subject to Shopify's Terms of Service and API Licence and Terms of Use. Where Shopify's terms conflict with ours in a way that affects Shopify, Shopify's terms prevail.

You remain responsible to your own customers. A rule enforced by this app can prevent a purchase, and it is your decision what to prevent and how to explain it. Specifically, you are responsible for:

• The wording your customers see when a rule blocks them, including translating it for the markets you sell into.
• Whether a rule is lawful where you sell. Quantity limits on some goods are regulated in some jurisdictions, and we do not review your rules for that.
• Your own privacy notice and lawful basis for the customer data your store holds. We process it for you as described in the DPA, on your instructions.
• Testing that a rule behaves as you intended before you rely on it.

We grant you the right to install and use the app on the stores you operate, for as long as these terms are in force. Installing the app authorises us to access your store through the scopes you approve, and only for the purposes set out in the privacy policy.

We may change the app: adding features, changing how a feature works, and occasionally removing one. Where we remove or materially change something you rely on, the 30 day notice in section 1 applies.

The Free plan is free forever. Unlimited rules, all three limit types, every product and customer scope, scheduling, per-language messages and checkout enforcement. It is not a trial, it does not expire, and it does not convert into anything. There is no card to enter and no charge to cancel.

Nothing that was ever free becomes paid. Pro and Plus are announced but not live. When they arrive they will only add capabilities that do not exist today. A feature you are using on the Free plan will not move behind a paywall.

If paid plans launch, they will be billed exclusively through the Shopify Billing API. That means the charge appears on your Shopify invoice, Shopify collects it, and no card number, expiry date or CVC ever reaches Aspedan. Moving to a paid plan will require you to approve the charge in Shopify. It cannot happen by default, by inaction, or as a side effect of an update.

Refunds. There is nothing to refund on a plan that costs nothing, so we are not going to write a refund policy for one. If and when a paid plan exists, the refund terms for it will be published here before it goes on sale, and Shopify's own billing terms will apply to the charge.

Taxes, where any become payable on a future paid plan, are handled by Shopify as part of the same billing flow.

How we handle personal data is set out in the privacy policy, and the processor terms that apply to data inside your store are in the Data Processing Agreement, which you accept by installing the app. The current list of sub-processors is at /subprocessors, and changes to it carry 14 days notice.

Where the DPA and these terms conflict on the subject of personal data, the DPA prevails.

The app and the site are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the app will be uninterrupted or error free, that a rule will block every order you intended it to block, or that Shopify's platform will behave as it did yesterday. Enforcement runs partly inside Shopify's checkout, on infrastructure we do not control.

Nothing here excludes a warranty or condition that cannot lawfully be excluded where you are, including under Quebec's Consumer Protection Act and the consumer protection law of other Canadian provinces.

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost sales or lost data, however caused and on any theory of liability.

Our total aggregate liability arising out of or relating to these terms or the app will not exceed the greater of: the fees you paid us in the twelve months preceding the event giving rise to the claim, or one hundred Canadian dollars (CAD 100). Since the Free plan costs nothing, the practical cap for a merchant on the Free plan is CAD 100, and we would rather say that plainly than let a "fees paid" cap imply a larger number than it is.

These limits do not apply to liability that cannot be limited by law, including death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, and they do not apply to a consumer in Quebec to the extent the Consumer Protection Act says otherwise.

These terms start when you first use the site or install the app and continue until terminated.

You can terminate at any time by uninstalling the app from your Shopify admin. No notice, no exit fee, no conversation with a retention team.

We may terminate if you materially breach these terms and do not fix it within 14 days of our written notice describing the breach. We may suspend immediately, without that period, in the circumstances in section 5.

On termination your licence ends and the app stops enforcing your rules. What happens to your data is set out in the privacy policy and, for merchant data, in section 10 of the DPA. Sections 6, 10, 11, 12, 14 and 15 survive termination.

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing anything, write to support@primemoq.app describing the dispute. Most things end there. If a dispute is not resolved within 30 days of that notice, either party may proceed.

You and we submit to the exclusive jurisdiction of the courts of Toronto, Ontario.

Quebec carve out. If you are a consumer domiciled in Quebec, nothing in this section deprives you of the right to bring proceedings before the courts of the district of your domicile, or of any other right conferred by the Consumer Protection Act (Quebec), and the choice of Ontario law does not deprive you of the protection of Quebec law that applies regardless of that choice.

If a provision of these terms is unenforceable, the rest continues in force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These terms, together with the privacy policy and the DPA, are the entire agreement between us on their subject.

Aspedan Inc.
325 Front St West, Suite 300, Toronto, ON M5V 2Y1, Canada
support@primemoq.app