Terms of Service

1. Acceptance of Terms

By installing, accessing, or using DemandLoop (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Merchant," "you," or "your") and Metigro ("we," "us," or "our").

If you do not agree to these Terms, you may not use the Service. By continuing to use the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

DemandLoop is a Shopify application that enables merchants to:

• Capture customer demand for out-of-stock products through "Notify Me" widgets
• Send automated back-in-stock notifications via email and web push
• Track attributed revenue from notification-driven purchases
• Manage customer subscriptions and notification preferences
• Access analytics and insights on notification performance

The Service integrates with your Shopify store and requires appropriate permissions to function. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use DemandLoop, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have a valid Shopify store with an active subscription
• Have the authority to bind your business to these Terms
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations

3.2 Account Security

You are responsible for maintaining the security of your account and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

3.3 One Account Per Store

Each Shopify store may have only one DemandLoop account. Creating multiple accounts for the same store to circumvent usage limits or pricing is prohibited.

4. Subscription and Billing

4.1 Subscription Plans

DemandLoop offers the following subscription plans:

• Free Plan: Limited features with usage caps (up to 100 notifications per month)
• Growth Plan: Enhanced features with higher limits and usage-based billing
• Plus Plan: Premium features with highest limits and usage-based billing

Current pricing and plan details are available in the app dashboard and may be updated from time to time. We will notify you of any material changes to pricing at least 30 days in advance.

4.2 Billing and Payment

All billing is processed through Shopify's billing system. By subscribing to a paid plan, you authorize Shopify to charge your payment method on file for:

• Monthly subscription fees (for Growth and Plus plans)
• Usage-based charges for notifications sent beyond plan limits
• Any applicable taxes or fees

4.3 Usage-Based Billing

For paid plans, usage-based charges apply based on the number of notifications sent. Charges are calculated monthly and include:

• Base subscription fee
• Additional charges for notifications exceeding plan limits
• Billing cap protection to prevent unexpected charges (configurable in dashboard)

4.4 Refund Policy

Subscription fees are non-refundable except:

• If we fail to deliver the Service as described
• In cases of billing errors (corrected within 30 days)
• As required by applicable law

To request a refund, contact [email protected] with your store details and reason for the refund request.

4.5 Plan Changes and Cancellation

You may upgrade, downgrade, or cancel your subscription at any time. Changes take effect at the start of the next billing cycle. Upon cancellation:

• You retain access to the Service until the end of the current billing period
• Notification sending is disabled at the end of the billing period
• Subscription data is retained for 90 days for potential reactivation
• After 90 days, all data is permanently deleted

5. Usage Limits and Fair Use

5.1 Plan-Based Limits

Each plan includes specific usage limits:

• Free Plan: Up to 100 email notifications per month, basic features only
• Growth Plan: Unlimited subscriptions with usage-based billing for notifications
• Plus Plan: All Growth features plus priority support and advanced analytics

5.2 Fair Use Policy

You agree to use the Service in accordance with reasonable fair use standards. Prohibited activities include:

• Sending excessive or abusive volumes of notifications
• Using the Service for spam or unsolicited communications
• Deliberately circumventing usage limits or billing caps
• Attempting to overwhelm or disrupt the Service infrastructure

We reserve the right to suspend or terminate accounts that violate fair use policies.

5.3 Rate Limiting

To ensure service stability and fair access for all merchants, we implement rate limiting on API requests and notification sending. Excessive requests may be throttled or rejected.

6. Merchant Responsibilities

6.1 Compliance with Laws

You are responsible for ensuring your use of DemandLoop complies with all applicable laws, including:

• CAN-SPAM Act (US): Include unsubscribe links, honor opt-out requests promptly
• GDPR (EU): Obtain proper consent, respect data subject rights
• CCPA (California): Provide privacy notices, honor data deletion requests
• CASL (Canada): Obtain consent before sending commercial messages
• Any other applicable data protection or anti-spam regulations

6.2 Customer Consent

You are responsible for obtaining appropriate consent from customers before collecting their email addresses or push notification subscriptions. You must:

• Clearly disclose how customer data will be used
• Provide easy opt-out mechanisms
• Honor unsubscribe requests immediately
• Not send notifications to customers who have opted out

6.3 Email Content

You are responsible for the content of notification emails sent through the Service. You must not:

• Send misleading, deceptive, or fraudulent content
• Include offensive, harmful, or inappropriate material
• Violate any third-party intellectual property rights
• Use the Service to distribute malware or phishing attempts

6.4 Widget Installation

You are responsible for properly installing and configuring the DemandLoop widget on your store. We provide documentation and support, but cannot guarantee compatibility with all themes or customizations.

7. Data and Privacy

Your use of DemandLoop is also governed by our Privacy Policy, which describes how we collect, use, and protect your data and your customers' data.

By using the Service, you acknowledge that:

• We act as a data processor on your behalf for customer subscription data
• You remain the data controller responsible for compliance with privacy laws
• We implement appropriate technical and organizational security measures
• Customer data is stored securely in EU-based servers (Hetzner Cloud, Germany)
• We use third-party services (Resend for email delivery) under data processing agreements

8. Intellectual Property

8.1 Ownership

DemandLoop, including all software, code, designs, logos, and documentation, is owned by Metigro and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service as described in these Terms.

8.2 Your Content

You retain ownership of all content you provide through the Service, including:

• Product information and descriptions
• Email template customizations
• Brand assets and logos
• Customer data and subscription lists

By using the Service, you grant us a limited license to use your content solely for the purpose of providing and improving the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to compensate you. All feedback becomes our property and may be incorporated into the Service.

9. Prohibited Uses

You agree not to use the Service for any of the following purposes:

• Sending spam, unsolicited messages, or fraudulent communications
• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Distributing malware, viruses, or harmful code
• Attempting to access unauthorized parts of the Service
• Reverse engineering or decompiling the Service
• Interfering with the proper functioning of the Service
• Impersonating others or providing false information
• Selling or reselling access to the Service
• Scraping or collecting data without authorization

Violation of these prohibited uses may result in immediate suspension or termination of your account without refund.

10. Service Availability

10.1 Uptime and Maintenance

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice, and emergency maintenance as needed.

10.2 No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• All notifications will be delivered successfully
• The Service will meet your specific requirements

10.3 Third-Party Dependencies

The Service relies on third-party services including Shopify, Resend (email delivery), and Hetzner Cloud (infrastructure). We are not responsible for outages or issues caused by these third parties.

10.4 Support

We provide email support at [email protected]. Response times vary by plan:

• Free Plan: Best-effort support, 48-72 hour response time
• Growth Plan: Standard support, 24-48 hour response time
• Plus Plan: Priority support, 12-24 hour response time

11. Limitation of Liability

11.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, METIGRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Lost profits or revenue
• Loss of business opportunities
• Loss of data or information
• Cost of substitute services
• Business interruption

11.2 Cap on Liability

Our total liability for any claims arising from your use of the Service shall not exceed the amounts paid by you to us in the 12 months preceding the claim, or $100 USD, whichever is greater.

11.3 Exceptions

These limitations do not apply to:

• Damages caused by our gross negligence or willful misconduct
• Liability that cannot be excluded or limited by applicable law
• Breaches of data protection obligations where prohibited by law

12. Indemnification

You agree to indemnify, defend, and hold harmless Metigro, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of third-party rights
• Content you submit through the Service
• Email notifications sent to your customers

13. Termination

13.1 Termination by You

You may terminate your account at any time by uninstalling the app from your Shopify store or contacting support. Upon termination:

• Billing stops at the end of the current billing period
• Access to the Service is disabled
• Subscription data is retained for 90 days
• After 90 days, all data is permanently deleted

13.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activities
• Your account poses a security risk
• You fail to pay amounts due
• We are required to do so by law

13.3 Effect of Termination

Upon termination:

• All licenses granted to you terminate immediately
• You must cease all use of the Service
• Unpaid fees become immediately due
• Provisions that by their nature should survive (e.g., liability, indemnification) remain in effect

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email or in-app notification
• Provide at least 30 days' notice for changes affecting pricing or core functionality

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.

15. Governing Law

15.1 Jurisdiction

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

• Informal Resolution: Good-faith negotiation between parties
• Mediation: If negotiation fails, voluntary mediation before litigation
• Arbitration or Litigation: As required by applicable law

15.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS PART OF A CLASS ACTION OR CONSOLIDATED PROCEEDING.

16. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us:

Additional Information

For information about how we handle your data, please review our Privacy Policy.