Terms of Service

1. Agreement

These Terms of Service (“Terms”) form a binding agreement between you (“you”, the merchant or entity installing the App) and the provider of Supra Tabs & Accordions (“we”, “us”, the “App”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not install or use the App.

2. Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the App on stores you own or are authorised to administer, for your internal business purposes. All rights not expressly granted are reserved. We retain all right, title and interest in and to the App, including all intellectual property rights in it.

3. Restrictions

You agree not to, and not to permit any third party to:

• copy, modify, translate, reverse engineer, decompile or disassemble any part of the App, except to the extent that restriction is prohibited by applicable law;
• resell, sublicense, rent, lease or otherwise commercially exploit the App;
• use the App to store or publish unlawful, infringing, deceptive or harmful content;
• attempt to gain unauthorised access to the App, its infrastructure, or any related systems or networks;
• interfere with or disrupt the integrity or performance of the App, including by excessive or automated use;
• remove or obscure any proprietary notices.

4. Your content and your responsibilities

You are solely responsible for all content you configure through the App and for its accuracy, legality and suitability, including any product descriptions, care instructions, compliance statements, shipping terms, ingredient lists, warranty text, files and images. The App arranges and displays content you supply or select; it does not review, verify, endorse or take responsibility for that content. You are responsible for ensuring your content and your product pages comply with all laws and regulations applicable to you, including consumer protection, labelling, safety, advertising and accessibility requirements. You are responsible for maintaining your own backups.

5. Third-party services and themes

The App operates within Shopify and renders inside your chosen theme. We do not control Shopify, your theme, any other app you install, or any other third-party service, and we are not responsible for them, for their availability, or for any change any of them makes. Themes vary widely; while we take substantial care to make the App render well across themes, we do not warrant that it will render identically, or at all, on every theme, theme version, browser, device or configuration. Your use of Shopify is governed by your agreement with Shopify.

6. Availability and changes

We may modify, suspend, limit or discontinue the App, or any feature of it, at any time, with or without notice and without liability. We do not guarantee any level of availability, uptime, performance or support, and we may impose or change usage limits at any time.

7. Fees

The App is currently provided at no charge. We reserve the right to introduce fees for the App or for any feature at any time, on notice through Shopify’s billing flow, which you may accept or decline by continuing to use or by uninstalling the App. To the maximum extent permitted by law, any fees paid are non-refundable, including for partial billing periods, unused capacity, or periods of unavailability.

8. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED, OR THAT THE APP WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY EFFECT ON SALES, CONVERSION, TRAFFIC, SEARCH RANKING OR REVENUE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE LESSER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE APP IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (USD $50.00). THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the above exclusions and limitations apply only to the fullest extent permitted by law.

10. Indemnification

You will defend, indemnify and hold us harmless from and against any claims, demands, actions, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your use of the App, your content, your products, your store, or your breach of these Terms or of any law or third-party right.

11. Term and termination

These Terms apply from installation until terminated. You may terminate at any time by uninstalling the App. We may suspend or terminate your access at any time, with or without cause and with or without notice. On termination, your licence ends immediately. Sections 3 through 14 survive termination.

12. Dispute resolution; arbitration; class-action waiver

Any dispute, claim or controversy arising out of or relating to the App or these Terms will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for infringement or misuse of intellectual property. The arbitration will be conducted on an individual basis only.

YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. NO ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

Any claim must be brought within one (1) year after it arises, or it is permanently barred to the extent permitted by law.

13. Changes to these Terms

We may change these Terms at any time and without notice. Continued use of the App after a change constitutes acceptance of the revised Terms. If you do not agree, uninstall the App.

14. General

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them freely. These Terms, together with our Privacy Policy, are the entire agreement between the parties regarding the App and supersede all prior understandings. Nothing in these Terms creates any partnership, agency or employment relationship. We are not liable for any failure or delay caused by circumstances beyond our reasonable control.

15. Contact

Questions about these Terms: