Welcome to Hexstore Announcement Bar (the “App”, “Service”, “we”, “us”, “our”).
These Terms of Use (“Terms”) govern your access to and use of the App, and your relationship with us as a merchant and user.
By installing, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Definitions
- Merchant / You / User: Any person or entity who installs or uses the App on their Shopify store.
- Store: Your Shopify store or domain where the App is installed.
- Visitor / End User: A user or customer who visits your Store and interacts with the bars, clicks, or submits information (e.g. email).
- Bar(s): Announcement bars, rotating text banners, countdown timers, email signup bars, and related UI elements delivered via the App.
- Data / Content: Includes any text, images, settings, configuration, analytics, or information collected or entered in relation to the App.
2. Use of the App
- You grant us a license to deploy, host, and operate the App’s functionality in your Store, subject to these Terms.
- You may use the App to create and display Bars, capture user-provided data (e.g. emails), and view analytics.
- You must provide accurate, up-to-date information (e.g. email, store credentials) as required for account setup and maintenance.
- You are solely responsible for the content you create or show via Bars (text, offers, images), including ensuring they comply with applicable laws, intellectual property rights, and Shopify policies.
3. Account, Subscription & Billing
- Some or all features of the App may require a paid subscription plan or upgrade.
- You agree to pay the fees for the plan you choose, according to the billing terms.
- Fees are typically non-refundable (unless otherwise stated).
- We reserve the right to suspend or terminate features or accounts for nonpayment or breaches of these Terms.
4. Data & Privacy
- We collect and process data as described in our Privacy Policy, which is incorporated by reference into these Terms.
- You are responsible for obtaining any necessary consents from End Users (e.g. for email capture) in your jurisdiction.
- You agree not to submit or use the App for any unlawful or prohibited data collection (e.g. collecting sensitive personal information without consent).
5. Integrations & Third-Party Services
- The App may integrate with third-party services (e.g. Mailchimp, Klaviyo, Omnisend, PageFly, Unsplash).
- Use of those integrations is subject to both these Terms and the third parties’ policies.
- We do not guarantee the continued availability or compatibility of any third-party integration; integrations may be added, removed, or modified over time.
- You are responsible for maintaining any accounts with those third parties and for any costs or terms associated with them.
6. Intellectual Property
- We (or our licensors) retain all rights, title, and interest in the App, code, algorithms, designs, and related materials, including all intellectual property rights.
- You are granted a limited, non-exclusive, non-transferable license to use the App in your Store under these Terms.
- You may not reverse engineer, decompile, copy, adapt, or derive works from the App (except as expressly permitted).
- You grant us a limited license to display, store, and process the content you supply via Bars or analytics, solely for the purpose of providing the Service.
7. Warranties, Disclaimers & Limitation of Liability
- The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied (including merchantability, fitness for a particular purpose, non-infringement).
- We do not warrant that the Service will be uninterrupted, error-free, or secure, or that the results will be accurate or reliable.
- To the fullest extent permitted by law, in no event will we (or our officers, employees, agents) be liable for indirect, incidental, consequential, special, punitive, or exemplary damages (including lost profits or loss of data).
- Our total liability under these Terms (for all claims combined) will not exceed the amount you have paid us in the 12 months preceding the claim (or such lesser amount as required by law).
8. Termination
- You may terminate your use of the App at any time by uninstalling it from your Store or canceling your subscription.
- We may suspend or terminate your account or access to the App at our discretion if you breach these Terms, violate any laws, or for nonpayment.
- Sections that by their nature should survive termination (e.g. Intellectual Property, Disclaimers, Limitation of Liability) will survive.
9. Representations & Acceptable Use
You represent and warrant that:
- You have full authority to enter into and perform these Terms.
- You will use the App in compliance with applicable laws, Shopify policies, and third-party policies.
- You will not use the App for harmful, unlawful, or malicious purposes (e.g. spamming, phishing, distributing malware).
- You will not interfere with or circumvent the operation or security of the App or Shopify platform.
10. Updates & Maintenance
- We may modify, update, or discontinue features of the App at any time, with or without notice.
- We will strive to maintain compatibility with Shopify and support integrations, but cannot guarantee future compatibility.
- You agree to accept updates (bug fixes, improvements) necessary for continued operation.
11. Changes to Terms
- We may revise these Terms periodically. We will notify you (e.g. via email or in-app) when changes occur.
- Continued use of the App after changes constitute acceptance of the updated Terms.
- If you do not agree to the new Terms, you must stop using the App.
12. Governing Law & Dispute Resolution
- These Terms will be governed by and construed under the laws of [Your Country / State] (you should specify the jurisdiction).
- Any disputes will be resolved in the courts (or arbitration) located in that jurisdiction, and both parties submit to its exclusive jurisdiction.
- If any provision is found invalid or unenforceable, it will be severed or adjusted, but remaining provisions will continue in full force.
13. Miscellaneous
- Entire Agreement: These Terms (together with the Privacy Policy and any other referenced policies) constitute the entire agreement between you and us.
- Waiver: Failure to enforce any right here shall not constitute a waiver of that right.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
- Notices: We may send you notices via email or in-App. You should provide us with your current email address for communication.
- Force Majeure: We are not liable for delays or failures caused by events beyond reasonable control (e.g. natural disasters, internet outages, acts of government).