Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and SwipeUp ("we," "us," or "our") governing your access to and use of the SwipeUp application, website at swipeup.app, and related services (collectively, the "Service").

By installing the SwipeUp app from the Shopify App Store, creating an account, or otherwise accessing the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

SwipeUp is a Shopify application that enables merchants to add shoppable video experiences to their online stores. The Service includes:

• Video upload, hosting, and delivery
• Customizable video player widgets (Stories, Feed, Overlay formats)
• Analytics dashboard for video performance tracking
• Integration with Shopify product catalog

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to active subscribers.

3. Eligibility

To use the Service, you must:

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

4. Account and Registration

Your SwipeUp account is created through the Shopify App Store installation process. You are responsible for maintaining the security of your Shopify account credentials. You agree to notify us immediately of any unauthorized access to your account.

You are responsible for all activity that occurs under your account, whether or not you authorized it.

5. Subscription Plans and Billing

SwipeUp offers multiple subscription plans with varying features and usage limits. All billing is handled through the Shopify App Store billing system.

• Free trial: Each new account receives a 14-day free trial with full access to all features. No credit card is required to start the trial.
• Billing cycle: After the trial period, charges are billed monthly or annually through your Shopify invoice, depending on your selected plan.
• Plan changes: You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the next billing cycle.
• View limits: Each plan includes a monthly view allowance. If you approach your limit, we will notify you so you can upgrade if needed.

Prices are subject to change with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Cancellation and Refunds

You may cancel your subscription at any time through the Shopify App Store. Upon cancellation:

• Your access continues until the end of the current billing period
• Videos will stop appearing on your store after the subscription ends
• Your uploaded videos and settings are retained for 90 days in case you resubscribe
• After 90 days, your data may be permanently deleted

Refunds are handled in accordance with Shopify App Store policies. We do not offer prorated refunds for partial billing periods.

7. Your Content

"Your Content" refers to all videos, images, text, and other materials you upload to or create through the Service.

• Ownership: You retain all ownership rights to Your Content. We do not claim any intellectual property rights over your videos or materials.
• License: By uploading content, you grant us a limited, non-exclusive, worldwide license to host, store, transmit, display, and distribute Your Content solely for the purpose of providing the Service to you.
• Responsibility: You are solely responsible for ensuring you have the rights to use and distribute all content you upload, including music, images, logos, and any third-party materials.

8. Acceptable Use

You agree not to use the Service to:

• Upload content that infringes on intellectual property rights of others
• Distribute malware, viruses, or harmful code
• Upload illegal, defamatory, obscene, or otherwise objectionable content
• Attempt to gain unauthorized access to the Service or its systems
• Use the Service for any purpose that violates applicable law
• Resell or redistribute the Service without our written consent
• Interfere with the Service's performance or other users' access

We reserve the right to suspend or terminate accounts that violate these restrictions without notice or refund.

9. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by SwipeUp and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

"SwipeUp" and our logo are trademarks of SwipeUp. You may not use our trademarks without prior written permission.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to the practices described in the Privacy Policy.

11. Third-Party Services

The Service integrates with Shopify and may interact with other third-party services. We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is governed by their respective terms and policies.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Service will be uninterrupted, error-free, or secure. We do not warrant any specific results from using the Service, including any increase in sales, conversions, or revenue.

13. Limitation of Liability

To the maximum extent permitted by law, SwipeUp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from:

• Your use of or inability to use the Service
• Any unauthorized access to your content or data
• Any interruption or cessation of the Service
• Any bugs, viruses, or errors in the Service

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless SwipeUp, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

15. Modifications to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Almaty, Kazakhstan.

17. Contact

If you have any questions about these Terms, please contact us:

• Email: hello@swipeup.app
• Website: swipeup.app