Terms and conditions

Last update: January 21, 2025

1. What’s Shoppy?

Shoppy (the “Platform” or “Shoppy”) is a Shopify application (more precisely a Sales Channel or Sales Channel) that allows Merchants (the “Merchants”) to create, quickly and affordably, the native mobile app (the “App”) synchronized in real-time with their Shopify store (the “Service”).
The Service is provided by Mumble S.r.l. (“Mumble”) with registered office in Via Tacito 17 – 41123 – Modena (MO), VAT 03525740365.
As an app developed and integrated with Shopify systems, the operation of Shoppy is also dependent on the infrastructure and services offered by Shopify. By using Shoppy, you acknowledge and agree that Shopify’s Terms of Service (available at the following link: https://www.shopify.com/legal/terms ) will continue to be fully applicable and binding on you.
Accordingly, nothing contained in these Shoppy Terms may be construed or deemed to conflict with the Shopify Terms. In the event of any discrepancy between the two texts, the Shopify Terms shall prevail, as the basis upon which Shoppy operates. You therefore agree to comply with these Terms in full, acknowledging that failure to do so may affect your use of Shoppy and its services.

Mumble and the Merchant, hereinafter jointly, are identified as the “Parties.”

2. What is this document for?

This document governs the terms and conditions of the Service made available by Mumble to you, the Merchant (hereinafter the “Terms”).
Remember that:
1. in order to use the Platform and enjoy the Service provided by Mumble you must accept these Terms in full;
2. we reserve the right to modify these Terms at any time. Following any changes, we will post the new version of the document on our website at https://shoppy.is/;
3. the new Terms will be effective as of the date of publication in the dedicated section of our website https://shoppy.is/
4. you will be able to view and accept these Terms online by flagging the checkbox you will find during the registration process of your App.

3. How to sign up and how Shoppy works

To use the Service, as a Merchant you will need to have a Shopify account and download the “Shoppy” app from the Shopify app store, available at the following link.
As a Shopify-based app, after download, your Shoppy account will be automatically created in conjunction with your Shopify account.
When you first log in to the platform, you will also be prompted to fill out an additional form required for user support and qualification purposes by Mumble.
As a Merchant, you are solely responsible for the security and secrecy of the information contained in your Shoppy account. If your Platform login information is lost, stolen, or if you suspect that unauthorized third party access has occurred, you must promptly notify Mumble and change your login credentials immediately.
In no event shall Mumble be liable in the event of loss, dissemination, theft or unauthorized use by any third party, in any capacity, of Merchant’s access credentials.

4. Payments and duration

The cost for using the Platform (the “Fee”) is as indicated on the pricing page of the Shoppy website, which you can find here: https://shoppy.is/en/prices/. The prices indicated are already inclusive of VAT.

Yearly

Monthly

Seed

Small companies seeking simple, streamlined solutions for growth.

$ 90 / month

Billed yearly (save $240)

Success fee

Funzionalità

Grow

Growing brands that want to retain their customers by favoring recurring purchases.

$ 190 / month

Billed yearly (save $420)

Success fee

Funzionalità

Bloom

For e-commerce looking for full access to all platform features.

$ 475 / month

Billed yearly (save $1080)

Success fee

Funzionalità

Seed

Small companies seeking simple, streamlined solutions for growth.

$ 110 / month

Billed yearly (save $240)

Success fee

Funzionalità

Grow

Growing brands that want to retain their customers by favoring recurring purchases.

$ 225 / month

Billed yearly (save $420)

Success fee

Funzionalità

Bloom

For e-commerce looking for full access to all platform features.

$ 565 / month

Billed yearly (save $1080)

Success fee

Funzionalità

2. Payment of the Fee for the chosen plan must be made at the time of enrollment in the Platform. The accepted methods of payment are credit/debit card or PayPal, via the integrated online payment system.

3. It is important to note that all payment processing is handled by Shopify, Inc. This means that Mumble has no responsibility for any problems, such as missed charges, delays, or other disruptions that may occur in the payment process.

4. Once the payment is complete, Shopify will issue the invoice and send it to you at the email address you provided when you signed up for the Platform.

5. Depending on the plan you have selected, this will automatically renew when it expires unless you decide to cancel it. You can cancel from the comfort of your member area on Shopify.

5. Merchant’s duties

By signing up for the Platform, you commit to:

Provide only true, accurate and complete information about your company;
Not take any actions that would compromise the cybersecurity of the Platform;
Notify Mumble in writing of any changes in your identifying information.

6. Declarations, Warranties and Indemnities

Each Party represents and warrants to the other the following:
1. That it has all necessary powers and authorizations to enter into these Terms and perform the activities contemplated herein;
2. That the execution of these Terms does not conflict with or violate commitments or obligations already undertaken by the Party, or any law, regulation, or administrative act;
3. That the Terms represent a valid and binding obligation of both Parties and can be enforced in accordance with the terms;
4. The Parties mutually acknowledge that any promotional content, logos and messages that may be published shall not be unlawful, contrary to mandatory rules, public order or morals, or violate any applicable laws or regulations or the rights of third parties.
Merchant represents and warrants to Mumble that he/she is the rightful owner of the rights of ownership or exploitation of the trademarks or other distinctive signs that may be published through the Platform and App.
Merchant indemnifies and holds Mumble harmless:
1. From any action or claim, judicial or extrajudicial, made against Mumble in relation to any text, images or company logos published on the Platform and App and belonging to third parties;
2. From any obligation or liability, including legal fees necessary to defend itself in court, that may arise as a result of damage caused to third parties.

7. Limitations of liability

Mumble strives to make the Platform as efficient as possible. However, technical inaccuracies may inadvertently occur. In such cases, Mumble reserves the right to make changes and corrections to the Platform at any time and without notice.
Except in cases of willful misconduct or gross negligence, Mumble will not be liable to you for:
1. Damage or loss arising from your use of the Platform or the App;
2. Damages that are not caused by a default by Mumble;
3. Loss of business or business opportunities;
4. Incompatibility of the Platform due to the devices you use;
5. Cyber attacks or other malicious events through the Platform or App;
6. Platform or App malfunctions due to the use of obsolete hardware.
In addition, Mumble assumes no responsibility for damages, losses, claims, or expenses that result from:
1. Interference, interruptions, errors, telephone failures, delays, disconnections or overloading of telecommunication lines affecting the operation of the App or servers, and which are beyond the control of Mumble;
2. Losses of confidentiality, availability or integrity of data contained in the App;
3. Technical problems with the Platform or App caused by factors such as:
  1. Changes to the Shopify API that remove certain functionality;
  2. Delays in updates due to changes in the Shopify API;
  3. Unavailability of the service offered by Shopify;
  4. Changes to Shopify’s Terms;
  5. Changes in pricing by Shopify or other add-ons used by the Platform.
You acknowledge and agree that Mumble has no control over the policies and ranking algorithms used by Shopify, Inc. to display your content, and does not guarantee an accurate number of views for your content.
If you wish to publish your App on stores or marketplaces operated by third-party companies (e.g., Shopify), you must comply with the guidelines published by those companies. In this regard, you represent that you are aware of and agree to such guidelines and any constraints or directives contained therein. Further, you agree that these third-party companies may refuse to publish your App or remove it at any time, at their discretion. Mumble does not guarantee acceptance of your App by such companies and will not be liable if your App is rejected.
The Parties agree that Mumble’s aggregate liability to you for any claim related to these Terms will not exceed the amount of the last annual fee you paid for use of the Platform.

8. Suspension of the Service

Access to the Platform may be suspended, restricted or terminated at any time. Mumble reserves the right to block access to the Platform in its reasonable and sole discretion if it may result in violations of the purposes and conditions relating to the Service. Mumble then reserves the right to suspend or terminate the account of any Merchant who violates the following Terms.

9. Withdrawal from the Terms

The Merchant has the right to exercise withdrawal at any time by cancellation of its personal account through its Shopify reserved area. In this case, it is understood that, in the case of cancellation of the plan, the Fee already paid will not be paid by Mumble to Merchant.

10. Privacy

Personal data provided will be processed by Mumble in compliance with the General Data Protection Regulation (“GDPR”) and in accordance with the privacy policy available at the following link.
Merchant designates Mumble as the Personal Data Processor in accordance with the provisions of Reg. (EU) 2016/679, by means of specific personal data processing agreement, which is attached to these Terms and forms an integral part thereof.

11. Assignment of the contract and assignment of credit

Mumble reserves the right to assign this contract or the credits arising from it, in whole or in part, to third parties, giving Merchant prior notice.

12. Intellectual Property

The Platform copyrights and any other intellectual and/or industrial property rights pertaining to the “Shoppy” and Mumble trademark (including, without limitation, domain names, other distinctive signs, invention and utility model patents and related applications, registered designs unregistered designs, copyrights and related rights, software and database rights, secret information, as well as any other intellectual property and/or exploitation rights under any applicable law) (“IP Rights”) and any future development or update thereof, are and shall be the exclusive property of Mumble.
Mumble grants Merchant a non-exclusive, non-transferable license to use the Platform and trademarks limited to the term of these Terms.
Merchant shall not claim any rights with respect to the ownership and/or right of economic exploitation of the IP Rights and shall refrain, throughout the term of these Terms and thereafter, from engaging in any act or omission that may tarnish the IP Rights in any way.
You are expressly prohibited from using Mumble’s IP Rights and trademarks in connection with any activity, product or service that may cause confusion, dilute or tarnish the IP Rights, trademarks or the owner thereof. By way of example but not limited to:
1. Modifying Mumble’s IP Rights and trademarks in any way, including, without limitation, shapes, designs, attributes, or color schemes;
2. attempting to appropriate a trademark, copyright or otherwise acquire additional intellectual property rights in any way related to the IP Rights;
3. using the IP Rights or any part thereof in a manner or in connection with text, images, video or other forms of media in such a way as to:
  1. be racist or discriminatory;
  2. threaten, advocate or depict acts of cruelty, hatred, intolerance, violence;
  3. be offensive or express explicit content that is or could be considered inappropriate, unsuitable or offensive;
  4. encourage or depict irresponsible or illegal use of alcoholic beverages, nicotine, tobacco, marijuana, drugs or controlled substances, including use by minors;
  5. make conspicuous reference to brands other than Mumble’s;
  6. include any material that may infringe on the intellectual property rights or privacy rights of others;
  7. be or may be illegal or otherwise in violation of or contrary to any applicable federal, state, or local law, regulation, or ordinance;
  8. refer to, represent, or in any way reflect negatively on Mumble.
Unless otherwise agreed between the Parties, the App, as well as any intellectual or industrial property rights and related economic exploitation rights are the exclusive property of the Merchant.

13. Duration

These Terms will take effect from the date of their acceptance in App.

14. Applicable Law

These Terms are subject to Italian law.
Any disputes relating to the validity, interpretation, execution, termination or cancellation of this agreement shall be the exclusive jurisdiction of the Court of Modena.

I declare that I expressly accept the clauses in Art. 6 (Obligations of the Merchant), Art. 7 (Declarations, Warranties and Indemnity) Art. 8 (Limitations of Liability), Art. 9 (Suspension of Service) Art. 10 (Withdrawal from Contract), Art. 12 (Assignment of Contract and Assignment of Credit), Art. 13.3, 13.4 and 13.5 (Intellectual Property).

Attachments: Data Processing Agreement under Article 28 of the European Regulation 2016/679 (Data Processing Agreement)

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